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

Authors

  • Muhammad Zarka Fawdhi Magiter Hukum, Fakultas Hukum, Universitas Esa Unggul, Indonesia
  • Joko Widarto Magiter Hukum, Fakultas Hukum, Universitas Esa Unggul, Indonesia
  • Markoni Magiter Hukum, Fakultas Hukum, Universitas Esa Unggul, Indonesia
  • Helvis Magiter Hukum, Fakultas Hukum, Universitas Esa Unggul, Indonesia

DOI:

https://doi.org/10.33603/hermeneutika.v8i2.9560

Keywords:

Marriage, Marriage annulment, Polygamy

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. 

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Published

2024-08-31

Issue

Vol. 8 No. 2 (2024): HERMENEUTIKA : JURNAL ILMU HUKUM

Section

Artikel

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