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| Jenis | : |
KKM
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| Judul | : |
TINJAUAN YURIDIS TERHADAP PEMBERIAN IZIN POLIGAMI DENGAN ALASAN CALON ISTRI KEDUA HAMIL DI LUAR NIKAH (Studi Perbandingan Putusan Nomor 136/Pdt.G/2024/PA Br dan Putusan Nomor 1348/Pdt.G/2024/PA Smdg)
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| Subjek | : |
Marriage
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| Pengarang | : |
Alfina Nur Hasanah
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| Pembimbing | : |
Tri Lisiani Prihatinah,
Sulistyandari
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2025
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| Call Number | : |
346.016 HAS t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Marriage is generally monogamous but polygamy is allowed under certain
conditions. Applications for polygamy permits are often submitted for reasons
that are not in accordance with the rules, such as the PA Barru Decision and the
PA Sumedang Decision on the grounds of the pregnancy of the second wife-to-be
but result in different decisions. The research method used is normative juridical
with analytical prescriptive research specifications, using secondary data through
literature studies which are analyzed normatively qualitatively.
Based on the results of research and discussion, it shows that the judge's
consideration is different in the PA Barru Decision and the PA Sumedang
Decision. PA Barru's decision granted permission by considering the pregnancy
of the second wife-to-be but was not in accordance with Article 4 paragraph (2)
UUP jo Article 57 KHI, causing legal uncertainty. Whereas the Sumedang PA
Decision denied permission by considering the non-fulfillment of alternative and
cumulative requirements so that it has provided legal certainty. The legal
consequences of the PA Barru Decision are that the polygamous marriage is
valid, the rights and obligations in polygamous and monogamous marriages are
the same, the separation of joint property is clear and the child of the second wife
candidate is included as an extra-marital child. Meanwhile, the different legal
consequences of the Sumedang PA Decision are that the second wife candidate
cannot marry, the rights and obligations in a monogamous marriage arise, the
second wife candidate is not entitled to joint property and the second wife
candidate's child is included as an unmarried child.
Keywords: Legal Consequences, Pregnancy Outside of Marriage, Polygamy
Permit, Judges' Legal Considerations
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