SKRIPSI
KEPASTIAN HUKUM PERKAWINAN POLIGAMI DENGAN IDENTITAS PALSU MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN
Marriage in Indonesia is a legal and religious union between a man and a
woman that aims to form a happy and eternal family, in accordance with the
supreme divinity. In the provisions of Article 3 paragraph (1) of the Marriage Act,
marriage is in principle monogamous, but the Marriage Act, providing exceptions
to a husband who wants polygamy or has more than one wife, that is, through the
approval of the Court and the fulfillment of the conditions set in order to have more
than one woman as a wife. However, even though the law provides clear provisions
in the community, there is still a false identity in marriage, where the husband
claims to be a widower, even though he is still a husband of another woman. Thus
identifying the problem in this study is how the Marriage Act regulates the legal
requirements of polygamy and how polygamy is implemented in society and how
alternative solutions are to polygamy marriages with false identities.
This study used descriptive analytical methods using normative juridical
approach methods and library study data collection techniques (Library Research),
which is an in-depth process in locating and analyzing relevant literature sources
on topics such as books and journals on marriage law and looking at normative
aspects of the Marriage Act Number 1 of 1974.
The results of this study can be concluded that the Act prohibits polygamy
without the permission of the court and the consent of wives pursuant to article 3
(2) of the Marriage Act. Applications for polygamy permits must also meet
alternative and cumulative requirements in accordance with Article 4 paragraph
(2) and Article 5 paragraph (1) of Law No. 1. One year 1974. A polygamy permit
is only granted if the applicant meets 3 cumulative requirements and at least one
alternative requirement. Therefore, the marriage of polygamy with a false identity
may be annulled in violation of section 9 of the Marriage Act, which states that one
who is still bound by marriage to another cannot remarry unless it meets the
requirements of the marriage law. So the marriage was annulled and considered
never to have happened.
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