Tinjauan Terhadap Pertimbangan Hakim Dalam Putusan Izin Poligami Ditinjau Berdasarkan Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan (studi Perkara Nomor: 1461/pdt.g/2019/pa.pbr)

Supriani, Rika (2021) Tinjauan Terhadap Pertimbangan Hakim Dalam Putusan Izin Poligami Ditinjau Berdasarkan Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan (studi Perkara Nomor: 1461/pdt.g/2019/pa.pbr). Masters thesis, Universitas Islam Riau.

Text 171022172.pdf - Submitted Version Restricted to Repository staff only Download (2MB) | Request a copy

Abstract

Judges in deciding a case must first know the seat of the case and the legal considerations regarding the case along with the reasons and legal basis. Polygamy is not a small problem, but it is also a big problem, especially for Indonesians who have been practicing polygamy a lot. So that the Judge's Consideration is very interesting to study, because the judge's consideration is a new provision in law, which is considered for the benefit of all. The main problem of this research is What is the Position of the Case for a Polygamy Permit Decision in Case Number: 1461 / Pdt.G / 2019 / PA.Pbr, and What is the Judge's Consideration in Giving a Polygamy Permit Decision in a Case Number: 1461 / Pdt.G / 2019 / PA.Pbr . The research method used is normative research, namely research that intends to study the legal norms of polygamy permit decisions, while the nature of this research is descriptive. The results of the research and discussion show the Case Position of the Polygamy Permit Decision in Case Number: 1461 / Pdt.G / 2019 / PA.Pbr, which explains the proposition for submitting a polygamy will from the applicant where the reason is because the respondent cannot fulfill his obligations as a wife due to his busy life in carrying out the work, and Judges' Considerations in Giving a Decision on a Polygamy Permit in Case Number: 1461 / Pdt.G / 2019 / PA.Pbr is that there are still considerations from the Panel of Judges who still lack legal certainty because the Panel of Judges only considers the wishes of the applicant not getting their biological needs because the respondent is busy, in which polygamy should only be carried out in an emergency, it is proven that the first wife has fulfilled her obligations as a wife, is not infertile, and also does not experience incurable pain so this is very contrary to the provisions article 4 Marriage Law.

Actions (login required)

View Item