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Umi Kalsum; Akbarizan Akbarizan

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

One fundamental human need, which requires a highly specific solution, is the fulfillment of sexual desires, with marriage serving as its gateway. Therefore, a man who is already married may go to great lengths to marry again. Cross-border polygamous marriages involving Indonesian women and Malaysian men, conducted in Satun, Thailand, present a complex legal phenomenon. This study aims to analyze the implementation of laws governing such marriages under Indonesian, Malaysian, and Thai legal systems, as well as their impact on the legal status of the marriage, women's rights, and legal recognition in each country. The findings reveal that cross-border marriages often fail to fulfill registration procedures in the home country, rendering them legally unrecognized in Indonesia and Malaysia. In Thailand, Islamic law applied in Satun permits polygamy, but such recognition is local and does not automatically extend across national borders. This study recommends strengthening legal cooperation among countries to provide better legal protection for couples and related parties involved in cross-border marriages.    

Diniati Wafida Rohmah; Murni Murni

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The aim of this inquiry is to excavate a profound comprehension concerning the quest for a polygamy license, by delving into the judicial decree regarding the rationale of the Surabaya Religious Tribunal in bestowing such a license, scrutinizing and dissecting the juridical and communal dimensions of ruling number 1751/Pdt.G/2024/PA. Sby. Here, the Seeker sought approval for polygamy against the Opponent due to the Opponent’s incapacity to satisfy the Seeker’s carnal desires, attributed to the presence of diabetes. The quandaries investigated pertain to the statutes and stipulations governing polygamy petitions and the Jurist’s rationale in adjudicating the polygamy license request. This investigation employs a normative jurisprudence technique, drawing upon an examination of texts, and adopts a legislative framework in its approach. The findings of this examination indicate that the Panel of Jurists factors in both legal and compassionate facets in its deliberations.

Astri Yulisti Datau; Mutia Cherawaty Thalib; Julisa Aprilia Kaluku

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research discusses the wife's right to support after polygamy from the perspective of legal protection. Marriage is a sacred thing that gives rise to rights and obligations for husband and wife, one of which is the husband's obligation to provide support for his wife. However, in practice, there are still cases where the legal wife does not receive support from her husband after the husband commits polygamy. This shows that there are problems in fulfilling the wife's right to support after polygamy. This research aims to analyze the legal protection of legal wives' rights to support after polygamy. The research method used is an empirical method with a statutory and case approach, and uses observation and interview data collection techniques. The research results show that legal protection for legal wives' rights to support after polygamy is inadequate, both in the Marriage Law and the Compilation of Islamic Law.

Citra Rahmatul Ummah; Siti Ramlah Usman; Husni Kusuma Dinata

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze and find out the analysis of the process of determining polygamous marriage at the Larantuka Religious Court, East Flores Regency. This type of research is an empirical research that uses primary, secondary and tertiary data collected using interview techniques and literature studies and analyzed in a qualitative descriptive manner. The results of the study show that (1) The process of determining polygamous marriage consists of information services, case acceptance and trial activities (2) Factors that affect people not to apply for the determination of polygamy in religious courts, namely lack of knowledge, related to customs and complicated management.    

Maratul Husna; Elimartati Elimartati; Nofialdi Nofialdi

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The primary issues in this thesis are the causes of siri polygamy, the effects it has on siri polygamous families, and how Tanah Datar Regency has dealt with siri polygamy. The purpose of this study is to investigate and elucidate the causes of siri polygamy in Tanah Datar Regency, as well as the effects and solutions related to this phenomenon. The study's findings indicate that: 1) There are frequent arguments between husband and wife, the husband feels capable, and it is customary to follow ancient customs. The second wife-to-be has not processed the previous husband's death certificate. The husband is worried and does not get permission from the first wife. 2) Siri polygamy has negative effects on children, spouses are unjust and insufficient in allocating their income, spouses are uncaring and hardly return home, wives feel betrayed, and marriages are not legally binding in Tanah Datar Regency. 3) Tanah Datar Regency's resolution of siri polygamy, Out of the five data sets, two had amicably (non-litigation) resolved their issues, with both families and the mother present. None of the data sets were settled in court. Regarding unregistered polygamous weddings, the local Nagari administration has not issued any particular regulations. 4) Unregistered polygamous marriages are regarded under Islamic family law as having no legal significance, with the children being entrusted to the mother and the woman having no rights to assert in the event of a divorce or inheritance. Islamic law permits polygamy as long as certain requirements are met, such as the need that it be done properly and with no more than four partners. In addition, the law and KHI stipulate that the woman cannot have children, has an irreversible illness, or is disabled. The husband also needs the consent of the first wife. There is also an assurance that the husband would be able to fairly provide for his wife and kids.      

Abdul Rahman Masionu

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to determine the extent of the impact caused by arguments in the household resulting in divorce. To find out, the author uses normative empirical research methods. Divorce is a legal event that results in the legal termination of a marriage between a husband and wife whose legal process is carried out in court. The factors that cause continuous disputes and quarrels that trigger divorce at the Tilamuta Religious Court, Baolemo Regency are: (a) Economic problems. (b) Third party interference. (c) Polygamy is unhealthy. (d) Domestic violence/abuse occurs. Divorce will certainly have an effect on both parties and their descendants. The consequences that arise from continuous disputes and quarrels include: (a) Disruption in fulfilling the rights and obligations of husband and wife, (b) problems regarding child custody, (c) division of joint assets, lack of control of each other's egos. each and coupled with the husband not being able to control his emotions so he takes it out on his wife.  

Ayu Nopitasari; Anjar Sri Ciptorukmi Nugraheni

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to find out and analyze the implementation of fulfilling the requirements for polygamy in order to obtain permission from the Surakarta Religious Court. Apart from that, it is also to find out and analyze forms of protection for wives' rights in cases of applications for polygamy permits. This research is empirical legal research with a qualitative approach. The types of data used are primary data and secondary data. The techniques used in collecting legal materials in this research were interviews and literature study. The data analysis technique used in this legal research is a qualitative data analysis technique with an interactive analysis model. Based on this research, the results obtained show that the implementation of polygamy requirements is in accordance with Article 4 paragraph (2) and Article 5 paragraph (1) of Law Number 1 of 1974 concerning Marriage, PP Number 9 of 1975 concerning Implementation of Law Number 1 of 1974 concerning Marriage, and the Compilation of Islamic Law (KHI). If the alternative and cumulative requirements are met, accompanied by perfect evidence, the panel of judges will grant the Petitioner's request for a polygamy permit. The form of protection of the wife's rights in the case of a polygamy permit application at the Surakarta Religious Court is that first, the polygamy permit application case is contentious by placing the wife as the respondent, so the wife has the right and opportunity to respond and submit answers, duplicates and conclusions in front of the court regarding the permit application. polygamy proposed by the husband. Second, there must be a request for determination of joint assets. Determining joint assets is very important to provide certainty about the status of joint assets and at the same time protect the wife's property rights so that they do not get mixed up. Third, namely the marriage agreement, between husband and wife, they can enter into a marriage agreement to guarantee the protection of joint assets. Apart from that, this marriage agreement is not limited to financial or property matters, but also accommodates other issues that are important to be a