Pelaksanaan Izin Poligami di Pengadilan Agama Dumai Studi Kasus Perkara Nomor 001/Pdt.G/2013/PA.Dum
ABSTRACT: Marriage in
Indonesia adheres to the principle of monogamy. Where a husband has only one wife
as well as a wife just had a husband. Polygamy is one of the problems in the
marriage of themost widely discussed and controversial. Polygamy should be done
but must be in accordancewith applicable law that is in accordance with Article
4 of the Marriage Act. In fact there arethose who apply to the Court Religion
is not in accordance with the applicable legislation.Theformulation of the
problem is taken, first, whether the reasons for the submission of permitpolygamy
in the Religious Dumai? Secondly, How consideration judge in case the decision
No.001 / Pdt.G / 2013 / PA.Dum? This study uses empirical juridical approach,
data collection byusing descriptive analysis, both primer and secondary, cases
collected through observation, interviews and studies legal documents, while
the technique of data analysis done qualitatively.In Article 4 paragraph (2) of
the Law of Marriage reasons that can be submitted to the Islamic Court is not
able to perform the duties of a wife as a wife; wife got a disability or
illness can not be cured; A wife can not give birth to offspring. In the
implementation of the Religious Courtcase dumai role in decision No. 001 /
Pdt.G / 2013 / PA.Dum not in accordance with the applicable provisions where
the rationale used was the candidate's second wife was pregnantfirst. The judge
in consideration of using the principle of contra legem ie the authority of
judgesto deviate the written provisions that already exist. Based on the
description above, the reasonsfor which the applicant submitted to the
Religious Court that candidate two pregnant first wife,second wife of the
candidate tumor disease, the wife (respondent) can not give offspring. Basicconsideration
of the judge in the decision No. 001 / Pdt.G / 2013 / PA.Dum not in accordancewith
the legislation in force.
Penulis: Nina Haryati
Kode Jurnal: jphukumdd160450
