ANALISIS YURIDIS GUGATAN PEMBATALAN PERKAWINAN YANG DILAKUKAN PIHAK ISTRI DAN AKIBAT HUKUMNYA DALAM PERSPEKTIF HUKUM PERDATA DAN HUKUM ISLAM

Abstract

Indonesia allows polygamous marriages but with due observance of the regulations concerning marriages that apply in Indonesia. The reality is that a husband enters into a polygamous marriage by falsifying his identity and deceiving his first marital status and polygamy in the context of a legal marriage where a legal marriage is a marriage registered by the state as the author encountered in the PA Decision Case Case Number 1043/Pdt .G/2020/PA. Amb. then what is the consideration of the judge in deciding this case? as well as legal protection for wives due to husbands cheating on their first marital status? For this reason, the authors are interested in taking the case regarding polygamous marriages, which the authors will examine with the type of normative juridical research that is descriptive in nature and will be analyzed qualitatively using the theory of marriage, legal protection and legal certainty and is based on Article 3 jo. Article 5 of Law Number 1 of 1974 concerning Marriage, Article 40 of Government Regulation Number 9 of 1975 and Article 55 jo. 58 Compilation of Islamic Law to find out how the judge's considerations are in deciding cases of marriage annulment in decision number 1043/Pdt.G/2020/PA.Amb and legal protection for wives who are victims as a result of husbands deceiving their first marital status. The judge's consideration in deciding this polygamous marriage case has guaranteed legal certainty so as to provide justice for the plaintiff (wife) who is the victim and it is fitting that this problem be resolved through the religious court institution in order to provide legal protection so that justice is achieved for the plaintiff. And if there is a similar incident, it is hoped that this decision can become jurisprudence or material for the judge's consideration. It is also hoped that the public will pay more attention to background/status in choosing a potential partner and the KUA should be more careful in the pre-marital document administration process, in order to anticipate events such as in decision number 1043/Pdt.G/2020/PA.Amb.