Fahmi, Abidin (2026) Implementasi Terhadap Perlindungan Hukum Bagi Istri Dalam Pemberian Izin Poligami Studi Putusan Pengadilan Agama Ujung Tanjung Nomor.898/Pdt.G/2023/PA.Utj. Other thesis, Universitas Islam Riau.

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Abstract

The practice of polygamy is normatively permitted in the Indonesian marriage law system, but is strictly limited by the principle of open monogamy as stipulated in Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. In practice, the granting of permission for polygamy by the court often causes debate, particularly regarding the extent to which legal protection for the first wife has been realized in a fair and proportional manner. The issues addressed in this study are as follows: first, What are the legal considerations used by the panel of bjudges in granting requests for permission to practice polygamy at the Ujung Tanjung Religious Court, second, whether Religious Court Decision Number 898/Pdt.G/2023/PA.Utj reflects fair legal protection for wives according to the provisions of the marriage law system in Indonesia. The method used in this research is normative,with data collection methods through primary and secondary data, and the nature of this research is descriptive analysis where the author's objectiveis to provide a comprehensive synopsis of the legal protection mechanismfor wives in polygamy cases. The results of the discussion show thatthe legal considerations of the panel of judges in granting the request for permission for polygamywere based on the fulfillment of alternative and cumulative requirements asstipulated in Articles 4 and 5 of the Marriage Law and the provisions in theCompilation of Islamic Law. However, from a legal protection perspective,the decision needs to be examined more deeply to assess whetherthe application of the norms fully reflects substantive justice for wives.

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