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Heribertus Virgi Golot; Agustinus Hedewata; Orpa J. Nubatonis

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

The purpose of this study is to determine the requirements of polygamy according to Law Number 1 of 1974 concerning Marriage and according to the Customary Law of Lamahelan Village, Ile Boleng Subdistrict, East Flores Regency. To find out the legal consequences of polygamy according to Law Number 1 of 1974 concerning Marriage and according to the customary law of Lamahelan Village, Ile Boleng Subdistrict, East Flores Regency. This research was conducted using data collection techniques, namely, interviews and document studies. The data that has been collected both through interviews and document studies, examined one by one and arranged systematically so as to achieve the objectives of this research. The results of this study indicate that the requirements according to Law Number 1 of 1974 concerning Marriage and Menuut customary law of Lamahelan Village, Ile Boleng Subdistrict, East Flores Regency have similarities such as permission from husband or wife and so on. But there are several requirements from customary law that differ from the law, namely the dowry (belis). In addition, if a polygamous marriage according to Law Number 1 Year 1974 concerning Marriage is submitted to the court, then a polygamous marriage according to the customary law of Lamahelan Village, Ile Boleng Subdistrict, East Flores Regency is brought to the customary elders. For the legal consequences of polygamy according to Law No. 1 of 1974 concerning Marriage and according to the customary law of Lamahelan Village, Ile Boleng Subdistrict, East Flores Regency, both do not specifically regulate life after polygamy. Law Number 1 of 1974 concerning Marriage and the Customary Law of Lamahelan Village, Ile Boleng Subdistrict, East Flores Regency also both recognise that when polygamous, the responsibilities that arise will be greater because from previously supporting one family will become several families.

Nurul Maulidina Jamilah; Hazar Kusmayanti; Betty Rubiati

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Female civil servants are absolutely prohibited from becoming second/third/fourth wives as regulated in Government Regulation Number 45 of 1990 concerning Marriage and Divorce Permits for Civil Servants, with the threat of sanctions for those who violate. Problems occur if the judge grants the request for polygamy with the prospective second wife's position as a civil servant with one of the judge's considerations which is not in accordance with the Legislative Regulations, namely ordering the prospective second wife to attach a Certificate of Giving Permission from Her Superior, as in the Decision of the Demak Religious Court Number 539/Pdt. G/2019/PA.Dmk. This research aims to determine the validity of the Certificate of Giving Permission from the Superior submitted by the prospective second wife in the decision in terms of the relevant Legislation. The approach method used in this research is normative juridical with research specifications, namely analytical descriptive, meaning that the events being researched are described using primary, secondary and tertiary legal materials. This research uses qualitative juridical analysis methods to produce descriptive data. The results obtained from this research are that the validity of the Certificate of Granting Superior Permission submitted by the prospective second wife should not have perfect legal force and can be canceled because it does not comply with the provisions in Article 4 paragraph (2) of Government Regulation Number 45 of 1990 concerning Marriage Permits and Divorce for Civil Servants.