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PERTIMBANGAN HAKIM TENTANG PERMOHONAN IZIN POLIGAMI DENGAN ALASAN SALING MENCINTAI (TINJAUAN TEORI TUJUAN HUKUM GUSTAV RADBRUCH TERHADAP PUTUSAN NOMOR 29/PDT.G/2024/PA.YK)
This research is motivated by the emergence of the phenomenon of Religious Court judges' decisions granting permission for polygamy outside the limitative provisions of Article 4 Paragraph (2) of Law Number 1 of 1974 concerning marriage. In the Yogyakarta Religious Court decision Number 29/Pdt.G/2024/PA.YK, the Panel of Judges granted the application for permission for polygamy on the grounds that the Applicant and the Prospective Second Wife had been in a loving relationship for approximately ten years and included the consent of the first wife to have a second wife even though the first wife was in good health and productive. This study aims to analyze the judge's considerations in the decision and review its implications using Gustav Radbruch's theory of legal objectives with each of its aspects, namely the values of justice, legal certainty, and utility. This type of research is library research with a juridical-normative approach. The primary data used is the Yogyakarta Religious Court Decision Number 29/Pdt.G/2024/PA.YK. Data collection techniques were carried out through documentation and literature studies. Data analysis was conducted qualitatively using inductive methods and descriptive-analytical research, utilizing Gustav Radbruch's Theory of Legal Purpose, which encompasses the values of justice, legal certainty, and utility, as well as the legal regulations regarding polygamy and Quranic verses. The results of this study indicate that the Panel of Judges in Yogyakarta Religious Court Decision Number 29/Pdt.G/2024/PA.YK used both normative and positive legal bases. The Panel of Judges prioritized cumulative requirements, namely the first wife's consent to polygamy and a written statement of fairness from the applicant, as legitimacy, overriding the absence of alternative requirements. Based on Gustav Radbruch's Theory of Legal Purpose, this decision demonstrates an imbalance in legal orientation, where the judges placed too much emphasis on subjective utility to prevent adultery, while undermining legal certainty. Ignoring the law's limiting diction creates legal uncertainty and has the potential to undermine the principle of monogamy in the Indonesian marriage legal system. From a justice and utility perspective, this decision does not provide a sense of justice and benefits for all parties.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PERTIMBANGAN HAKIM TENTANG PERMOHONAN IZIN POLIGAMI DENGAN ALASAN SALING MENCINTAI (TINJAUAN TEORI TUJUAN HUKUM GUSTAV RADBRUCH TERHADAP PUTUSAN NOMOR 29/PDT.G/2024/PA.YK) (Text)
PERTIMBANGAN HAKIM TENTANG PERMOHONAN IZIN POLIGAMI DENGAN ALASAN SALING MENCINTAI (TINJAUAN TEORI TUJUAN HUKUM GUSTAV RADBRUCH TERHADAP PUTUSAN NOMOR 29/PDT.G/2024/PA.YK) (Other)
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