Pembatalan Perkawinan Karena Poligami Tanpa Izin (Studi Putusan Nomor 0778/Pdt.G/2015/PA.Skh)

Pramesti, Dwi Ardi and , Dr. Rizka, S.Ag., M.H. (2020) Pembatalan Perkawinan Karena Poligami Tanpa Izin (Studi Putusan Nomor 0778/Pdt.G/2015/PA.Skh). Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

This Study aims to analyze the legal status of polygamy without permission in Indonesian positive law and Islam law, as well as the suitability of Islamic law with the consideration of judges who have decided to grant a marriage cancellation request in the decision Number 0778/Pdt.G/2015/PA/Skh. Based on the analysis, the authors conclude that polygamy can actually be done when it has obtained permission from a religious court judge. In Islamic Sharia there is no law that regulates polygamy and must have permission from the wife , and polygamy is basically permissible, in the process of canceling a marriage if found one the harmony is not met, then it can be null and void. Jude’s consideration in deciding case number 0778/Pdt.G/2015/PA/Skh regarding cancellation marriage in accordance with Islamic law, namely where there is one of the conditions of marriage that is not fulfilled. The results of research on polygamy without the permission of the first wife conducted by the Respondent I namely as a husband who married without the permission of the applicant by falsifying his status as a divorced widower in order to get married in with his new wife (Respondent 2) in front of the Religious Affairs office. As for how the judge’s consideration in granting the request to cancel the marriage is the implementation of the (respondent I) and the (respondent II) not getting permission from the first wife, the marriage also not accompanied by permission from the religious court, and there was a falsification of identity regarding the condition of the applicant who hadi died. The author is aware of the limitations of the author’s ability to complete writing this law. But the authors hope that what the authors provide in writing this law can be useful for themselves and all readers.

Item Type:	Karya ilmiah (Skripsi)
Uncontrolled Keywords:	poligamy without permission and judge deliberatio
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	DWI ARDI PRAMESTI
Date Deposited:	08 Nov 2020 22:57
Last Modified:	08 Nov 2020 22:57
URI:	http://eprints.ums.ac.id/id/eprint/86999

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