Poligami: Antara Legalitas Formal dan Legalitas Budaya (Studi Kasus Praktek Poligami Kyai Pesantren di Probolinggo Jawa Timur)
Abstract: Law is not only as a
tool of social control but also as that of social engineering. As a tool of
social engineering, law can be conducted to direct and change society, so did
the restrictive decision regarding poligamy of Act No. 1 year 1974. The goal of
this act is to direct and to regulate poligamy to become responsible and
regularly. The main problem in this context is is it possible the restrictive
can be conducted by society effectively while the phenomemon of poligamy tends
to contrary to this act? The result of this researh revealed that the
restrictive decision of poligamy of this act in term of the effectivity, the
community of kiyai of pesantren at Probolinggo East Java, this act did not run
effectively. This means that is not in accordance with the act. This happens
because of internal motivation of kiyai factor and external or culture as
supported factor.
Penulis: Ita Musarrofa
Kode Jurnal: jpperadabanislamdd050012
