The Implementation of Polygamy Permit Based on the Law Number 1 of 1974 on Marriage and the Compilation of Islamic Law In Relation to Bandung Religious Court Decision Number 1652/Pdt.G/2012/PA.Bdg

Intan Desiani, Husni Syawali

Abstract


Polygamy is one form of marriage practiced by the peoples in the past. Polygamy is a marriage by having multiple wives at the same time. Islam came not prohibit polygamy but set it. Prophet Muhammad also did practice polygamy even have nine wives. This is the sunnah khususiyyah of the Prophet that should not be imitated by his people. In Indonesia, polygamous marriage is also practiced by some Islamic societies. A husband who wants polygamy goes through the Religious Courts. The court allowed the right to determine whether polygamy after seeing and checking the terms of the submission of permit polygamy. Bandung Religious Courts as court is in the city of Bandung, to investigate and prosecute cases that presented to him, including polygamy. In 2012, Bandung Religious Court issued a decision with the case number 1652/Pdt.G/2012/PA.Bdg. Bandung Religious Court verdict with the case number on the application for permit polygamy, the Applicant filed permit polygamy on the grounds wife cannot give birth to offspring. Composer conducting research with the subject matter of how the implementation of the permission for polygamy under Law No. 1 Year 1974 on Marriage and Islamic Law Compilation linked to Bandung Religious Court Decision No. 1652/Pdt.G/2012/PA.Bdg and remedy what can be done the wife in the event of unfair treatment of her husband. The method used is the method of research is descriptive analytical specifications. The approach used is normative. Stage of research is field research and library research are secondary data includes primary legal materials, secondary law, and tertiary legal materials. The data collection technique used is the study of documents or literature and interviews. Analysis of the data used is normative juridical qualitative. The reasons put forward by the applicant in Bandung Religious Court Decision No.1652/Pdt.G/2012/PA.Bdg the reasons contained in the Marriage Law. Consideration of the judge who is the fulfillment of the terms used either cumulative or alternative requirements. If the Applicant does not meet any of the terms of alternatives, judges decide to use Article 3 (2) of Law No. 1 of 1974 on Marriage, namely, "The court may grant permission to a husband to a wife of more than one if desired by the parties concerned" as well as taking into account the benefit.

Keywords


Polygamy, Marriage

References


A. Sumber Buku:

Lili Rasjidi, Hukum Perkawinan dan Perceraian di Malaysia dan Indonesia, Alumni, Bandung, 1982.

M. Yahya Harahab, KHI dan PA dalam Sistem Hukum Nasional, Logos Wacana Ilmu, Jakarta, 1999.

Miftah Faridl, Poligami, Cet.Kesatu, Pustaka, Bandung, 2007.

Salim HS, Pengantar Hukum Perdata Tertulis (BW), Cet. Keempat, Sinar Grafika, Jakarta, 2006.

B. Peraturan Perundang-Undangan:

Undang-Undang Nomor. 1 Tahun 1974 tentang Perkawinan.

Instruksi Presiden Nomor. 1 Tahun 1991 tentang Kompilasi Hukum Islam.

Peraturan PemerintahNo. 9 Tahun 1975 tentang Pelaksanaan Undang-undang No.1 Tahun 1974 tentang Perkawinan.

C. Sumber Lain:

Setyo Aji Karyadi, Skripsi mengenai Putusan Mahkamah Agung Republik Indonesia,

Indonesia, Reg. No.441/K/Pdt/1992 tanggal 17 September 1996 tentang




DOI: http://dx.doi.org/10.29313/.v0i0.2502

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