Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-4 | Issue-11 | 653-659
Original Research Article
Legal Reconstruction of the Principle of Monogamy in Indonesian Law Number 1 of 1974 Based on Justice Value
Gusti Wardiansyah, Fahmi Al-Amruzi, Anis Mashdurohatun, Akhmad Khisni
Published : Nov. 14, 2021
Abstract
One of the things that are protected for the benefit of humans is to maintain offspring. For this reason, Islam regulates marriage and forbids adultery, stipulates who should not be married, how marriage is carried out, what conditions must be met, and how is it legal so that the children that are born from that relationship can be considered legitimate and become legal descendants of their fathers. This study aims to analyze the position of the principle of monogamy in the Indonesian Law Number 1 of 1974 on Marriage by analyzing the application of the principle of monogamy in Law Number 1 of 1974 to reconstruct this law based on justice value. This research is a normative-legal type of research that is used to examine the function of a norm that lays the law as an instrument that regulates and controls society. The approach used in this research is conceptual, a statute approach, a philosophical approach, and a comparative approach. The analysis used in this research is descriptive-qualitative. The result shows that the marriage in Law Number 1 of 1974 which has been used so far has not fulfilled a sense of justice, especially for husbands who want to practice polygamy even though the wife has been permitted to do polygamy. Article 2 paragraph (2) provides special conditions for husbands who will have polygamy, namely permission from the court, even though permission from the first wife is already owned. This is certainly a burden for the husband because he has to deal with the court which of course requires time, money, and energy. In addition, the court's participation in granting permission for polygamy according to the author is a form of court intervention in other people's household affairs.