LEGAL POSITION OF SECOND WIFE DUE TO ANNULMENT OF POLYGAMOUS MARRIAGE WITHOUT PERMISSION

This study analyzes the legal consequences and legal position of a second wife whose marriage is annulled by the court. In this study, the case raised is a case that has been decided to annul the marriage by the court because the husband falsified his identity to be able to marry a second time with another woman without the permission of his first wife, if there is a polygamous marriage without the permission of the first wife, then the parties who do not meet the conditions for the marriage to take place, the marriage can be canceled by the court. This study uses an approach in analyzing the problem with a statutory approach and a case approach, namely by looking at cases sourced from court decisions and statutory provisions. There are various forms of marriage in Indonesian society, but the most popular are monogamy and polygamy. Polygamy, which is carried out without the permission of the first wife, raises various problems, including problems arising from the position of the second wife, including the rights and obligations of a wife, children, and property owned during marriage up to the issue of dividing the inheritance.

Authors

Publication Details

Journal
HERMENEUTIKA Jurnal Ilmu Hukum
Published
2024-08-31
DOI
https://doi.org/10.33603/hermeneutika.v8i2.9560
Primary Topic
Marriage and Sexual Relationships
Type
article
Field-Weighted Citation Impact
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article

LEGAL POSITION OF SECOND WIFE DUE TO ANNULMENT OF POLYGAMOUS MARRIAGE WITHOUT PERMISSION

Joko Widarto, Helvis, Markoni Markoni, Muhammad Zarka Fawdhi
HERMENEUTIKA Jurnal Ilmu Hukum
Marriage and Sexual Relationships
article

LEGAL POSITION OF SECOND WIFE DUE TO ANNULMENT OF POLYGAMOUS MARRIAGE WITHOUT PERMISSION

Joko Widarto, Helvis, Markoni Markoni, Muhammad Zarka Fawdhi
article en

Abstract

This study analyzes the legal consequences and legal position of a second wife whose marriage is annulled by the court. In this study, the case raised is a case that has been decided to annul the marriage by the court because the husband falsified his identity to be able to marry a second time with another woman without the permission of his first wife, if there is a polygamous marriage without the permission of the first wife, then the parties who do not meet the conditions for the marriage to take place, the marriage can be canceled by the court. This study uses an approach in analyzing the problem with a statutory approach and a case approach, namely by looking at cases sourced from court decisions and statutory provisions. There are various forms of marriage in Indonesian society, but the most popular are monogamy and polygamy. Polygamy, which is carried out without the permission of the first wife, raises various problems, including problems arising from the position of the second wife, including the rights and obligations of a wife, children, and property owned during marriage up to the issue of dividing the inheritance.

HERMENEUTIKA Jurnal Ilmu HukumVol. 8(2)
Openalex Percentile: Top 52%
Marriage and Sexual Relationships
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