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PENGABULAN PERMOHONAN ISBAT NIKAH POLIGINI SIRI (STUDI PENETAPAN PENGADILAN AGAMA PASCA BERLAKUNYA SEMA NO. 3 TAHUN 2018)
Many polygamous marriage practitioners in Indonesia unregistered their marriages, but instead marry secretly, or what is known as polygamous marriage confirmation. This phenomenon has a significant social impact, especially on the rights of women and children who are often victims of this practice. After the issuance of Supreme Court Circular Letter (SEMA) Number 3 of 2018, the application for polygamous marriage isbat has a clearer legal basis. However, based on research that has been carried out, it is still found that judges ignore these rules in handling polygamous marriage isbat cases. Therefore, two questions arise, how do judges consider such decisions? and what is the problem analysis regarding the granting? This research is a combination of library research and empirical field research with a case approach. The sources of data collection used are documentation and interviews with judges. The method used in analyzing the data is qualitative-descriptive with inductive thinking method. This research uses legal reasoning theory which functions as a reasoning step used by judges in resolving a case in court, and researchers use maslahah theory which aims to realize welfare and peace for humans. The results showed that, First, the position of SEMA No. 3/2018 is considered a policy regulation that has internally binding legal force, although its legal force is not absolute. Second, based on the analysis of the three decisions studied, it was found that judges tend to prioritize juridical considerations by referring to the marriage law and the Compilation of Islamic Law, despite ignoring SEMA No. 3/2018 which prohibits the recognition of isbat siri polygamy. Some decisions also show that judges consider the interests of children and family harmony in deciding cases, although this approach is not always consistent. Third Several of the decisions studied, such as No. 311/Pdt.P/2022/Pa.Banjarbaru and No. 51/Pdt.G/2021/Pa.Kandangan, highlight the importance of marriage validity according to classical provisions and maintaining religious honor in long-standing siri marriages. Another decision, No. 5065/pdt.G/2019/Pa.Cilacap, considered the administrative benefits of children from a siri marriage, reflecting the principle of h{ifẓ an-nasl. However, research shows that the d{aru>riyyah aspect of Al-Gazali's maslahat has not been fully reflected, especially in relation to isbat nikah and the maintenance of benefits.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PENGABULAN PERMOHONAN ISBAT NIKAH POLIGINI SIRI (STUDI PENETAPAN PENGADILAN AGAMA PASCA BERLAKUNYA SEMA NO. 3 TAHUN 2018) (Text)
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297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)