Abstract

Marriage in Indonesia adheres to the Monogamy principle, which is explicitly explained in Article 3, paragraph (1) of Law No. 1 of 1974 concerning Marriage. However, Article 3 paragraph (2) explains that the Court can grant permission to a husband to have more than one wife if the parties concerned desire. Hence, the validity of the principle of Monogamy is not absolute. In the case that a husband will have more than one wife, the husband must fulfill the requirements in Article 4 and Article 5 of Law No. 1 of 1974. However, in Decision Number 3/PDT.G/PA.KSN, the Kasongan Religious Court Judge, granted permission for polygamy submitted by the Applicant, who fulfills condition Article 4. Purpose of study This is to analyze and understand the regulation on polygamy based on positive law in Indonesia and to analyze and understand the judge's considerations in granting polygamy based on decision No. 3/PDT.G/2020/PA.Ksn. This research is normative legal research with a statutory approach, cases, And conceptual approach. Results in study This explains that polygamy in positive law in Indonesia is permitted with conditions (alternative conditions and cumulative conditions); this is regulated in the provisions of Law Number 1 of 1974 concerning Marriage, PP Number 9 year 1975 about Implementation Constitution Number 1 1974 concerning Marriage, and Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law. In decision No. 3/PDT.G/2020/PA.Ksn, the judge granted the request for polygamy even though condition four was not met on the assumption that the provision was a form of discrimination against women, which should be viewed as a tool law preventive and corrective, which aims To regulate and limit the practice of polygamy so that it does not harm women.