Eksistensi Asas Monogami Dan Praktik Poligami Dalam Perpektif Politik Hukum

Law Number 1 of 1974 on Marriage explicitly adheres to the principle of monogamy as stated in Article 3 paragraph (1). However, paragraph (2) of the same article provides an exception by allowing polygamy under certain conditions, raising the impression of normative inconsistency. This research focuses on analyzing the existence of the monogamy principle in relation to the practice of polygamy from the perspective of legal politics. The study employs a normative juridical method with statutory, conceptual, and historical approaches. The findings indicate that, from a legal standpoint, polygamy is not entirely contradictory to the monogamy principle as long as it complies with legal requirements, namely: (1) the wife is unable to fulfill her marital duties, (2) the wife suffers from a physical disability or incurable disease, or (3) the wife is unable to bear children. Beyond these conditions, polygamy is not justified and is considered contrary to the principle of monogamy. From a legal-political perspective, monogamy remains the primary principle, while polygamy is recognized only as a limited exception. Furthermore, in the Civil Code, monogamy is absolute, and violations may be subject to criminal sanctions under Article 279 of the Indonesian Penal Code. Thus, polygamy practiced outside the legal framework may be deemed a violation of the monogamy principle.

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Publication Details

Journal
Metta Jurnal Ilmu Multidisiplin
Published
2025-09-25
DOI
https://doi.org/10.37329/metta.v5i3.4804
Primary Topic
Marriage and Family Dynamics
Type
article
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article

Eksistensi Asas Monogami Dan Praktik Poligami Dalam Perpektif Politik Hukum

Ichwan Ahnaz Alamudi, Suriyadi Suriyadi
Metta Jurnal Ilmu Multidisiplin
Marriage and Family Dynamics
article

Eksistensi Asas Monogami Dan Praktik Poligami Dalam Perpektif Politik Hukum

Ichwan Ahnaz Alamudi, Suriyadi Suriyadi
article en

Abstract

Law Number 1 of 1974 on Marriage explicitly adheres to the principle of monogamy as stated in Article 3 paragraph (1). However, paragraph (2) of the same article provides an exception by allowing polygamy under certain conditions, raising the impression of normative inconsistency. This research focuses on analyzing the existence of the monogamy principle in relation to the practice of polygamy from the perspective of legal politics. The study employs a normative juridical method with statutory, conceptual, and historical approaches. The findings indicate that, from a legal standpoint, polygamy is not entirely contradictory to the monogamy principle as long as it complies with legal requirements, namely: (1) the wife is unable to fulfill her marital duties, (2) the wife suffers from a physical disability or incurable disease, or (3) the wife is unable to bear children. Beyond these conditions, polygamy is not justified and is considered contrary to the principle of monogamy. From a legal-political perspective, monogamy remains the primary principle, while polygamy is recognized only as a limited exception. Furthermore, in the Civil Code, monogamy is absolute, and violations may be subject to criminal sanctions under Article 279 of the Indonesian Penal Code. Thus, polygamy practiced outside the legal framework may be deemed a violation of the monogamy principle.

Metta Jurnal Ilmu MultidisiplinVol. 5(3)
Universitas Nusa Bangsa (ID)
Openalex Percentile: Top 65%
Marriage and Family Dynamics
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Eksistensi Asas Monogami Dan Praktik Poligami Dalam Perpektif Politik Hukum — Ichwan Ahnaz Alamudi, Suriyadi Suriyadi · Metta Jurnal Ilmu Multidisiplin (2025) | TGRS Research Map | TGRS