Tinjauan Yuridis Terhadap Pembatalan Perkawinan ke 2 (Dua) Karena Tidak Adanya Izin Poligami (Studi Putusan Nomor : 246/Pdt.G/2018/PA.Mdn)

Abstract

Polygamy if it is done without permission from the wife through the court and there is also a falsification of documents in order to get married, then the marriage is considered not to meet the conditions of continuing the marriage and the parties concerned can submit a marriage cancellation. Article 22 of law Number 1 of 1974 states that a marriage can be canceled if the parties do not meet the conditions for the marriage. The problem in this study how the legal consequences of the cancellation of marriage due the absence of polygamy permission from the wife and what legal considerations are used by judges in canceling marriages in the decision number 246/Pdt.G/2018/PA.Mdn. This type of research used in the writing of this thesis is normative juridical legal research which is also referred to as library research or document study, because this research is conducted or shown only on written regulations or other legal materials. Research results that have been obtained due to the law of the cancellation of marriage due to the absence of polygamy permission of the wife is a marriage that has been implemented declared invalid or the marriage is considered as if it never happened and each party return to its original position, connection with the legal consequences caused to children,isstil considered valid, the child still has a biological relationship with his father, so the father is responsible for meeting the childs needs. Of join assets as long as it does not harm the parties in good faith, the distribution of assets will be carried out. Legal considerations used by judges in cancelling marriages in decision number 246/Pdt.G/2018/PA.Mdn there are parties who feel disadvantaged, namely the legitimate wife as the plaintif and violates the laws and regulations as a condition for marriage. The conclusion of this study is that as the cancellation of the quote from the second marriage has been canceled, the result is that the marriage that has been carried out is declared invalid or deemed never to have happened. The judge's consideration in deciding this case is in accordance with the provisions of article 71 letter (a) junto Article 73 letter (a) which says a marriage can be canceled if a husband practices polygamy without permission from the religious court. Suggestions in this research are that in conducting a marriage, parties who wish to have a marriage first check the identity of the person they are going to marry so that in the future there will be no misjudgment and cause the marriage to be canceled.