The Legal Status of Women Who Has Two Husband (Polyandry) Based on Law Number 1 of 1974 on Marriage and the Compilation of Islamic Law In Conjunction with Court Decision Number 35/Pdt.G/2011/PA.Pdn

Abstract

Marriage is one of the gates to enter a new life for a man with a woman, that domestic life. All official religions in Indonesia saw marriage as a sacred, so it is not surprising that religion, tradition or customs of society, and also the modern state institutions governing marriage prevailing in the society. But there are still marriage polyandry in Indonesia even though the marriages were not allowed by the laws of Indonesia. Based on the exposure before then will be analyzed on the legal status of marriage a woman who has two husbands in Act No. 1 of 1974 About Marriage (Marriage Act) and the Compilation of Islamic Law as well as the legal consequences of marriage a woman who has two husbands according to the Marriage Law No. 1 1974 (Law on Marriage) and the Compilation of Islamic Law. The approach used in this thesis is normative and specification of research results by descriptive analysis to investigate and secondary data in the form of legal sources about marriage and materials literature related to know and understand about the legal status of marriage a woman who has two husbands. Research phase authors use library research methods that retrieve data from the literature were used to search for concepts, theories, opinions, or discovery that are close to the subject matter of this research. Data analysis methods used by the author using qualitative juridical guided by the Legislation. Based on research by the author, it is known that the woman who practice polyandry marital status is not regulated in the Marriage Law explicitly but only implied that in Article 3 paragraph (1) which contains the "in principle, a man can have only one wife, and a woman can have only a man ". In the compilation of Islamic law is also not set explicitly only implied just that in Article 40 (a) and (b), "forbidden into marriage only between a man and a woman because of certain circumstances: (a) because the woman is still bound up with marriage with another man, (b) a woman who is still in the prescribed period with another man ". So if viewed from any legal basis that the marital status of polyandry is not allowed either by the Marriage Act and in accordance with Islamic Law Compilation. As a result of the practice of polyandry marriage in Indonesia when seen from the Islamic law because the marriages were forbidden in the Qur'an is a prohibited act essentially in the Qur'an Surah An-Nisa: 4 verse 24, while in the Marriage Act refers Article 8 (f) the contents that have a relationship that her religion or other applicable regulations prohibited from marrying in the event of marriage polyandry then the marriage has to be deleted as listed in Article 22, the contents of which marriage can be canceled if the parties do not meet the requirements for to mate and Article 71 (b) the contents of which turned out to women who marry later are known to be the wife of another man who mafqud. The basis for the Panel of Judges to decide this case.