Pratiwi, Inka Firzatullah (2026) ANALISIS PERBANDINGAN PENETAPAN ISTBAT NIKAH POLIGAMI ATAS DASAR PERKAWINAN TIDAK TERCATAT DI PENGADILAN AGAMA MOJOKERTO (Studi Perbandingan Penetapan Nomor 387/Pdt.P/2024/PA.Mr dan Nomor 86/Pdt.P/2023/PA.Mr). Undergraduate thesis, UPN "Veteran" Jawa Timur.
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Abstract
SEMA Number 3 of 2018 explicitly prohibits the submission of marriage validation to legalize polygamy that does not comply with procedures, but in reality, it shows inconsistency, as seen in the stipulation Number 387/Pdt.P/2024/PA. Mr and No.86/Pdt.P/2023/PA.Mr. This discrepancy creates legal uncertainty, especially for the parties involved. This normative legal study uses a legislative, case, and conceptual approach. The results of the study show that although the granting of polygamous marriage validation does not provide administrative benefits, it has the potential to weaken marriage regulations and open up opportunities for illegal polygamy. If a request for the legalization of a polygamous marriage based on an unregistered marriage is granted, the marriage will receive legal recognition from the state. The second wife will have her status strengthened because she will no longer be in an unregistered position, while the first wife will lose her right to give consent to polygamy. The legalization of marriage provides benefits for children in civil matters, but carries the risk of identity confusion and feelings of inequality with children from legal marriages. Unaccepted legalization of marriage results in wives in unregistered marriages having no legal status and rights guaranteed by law. The husband in this marriage also does not receive legal protection and cannot exercise his civil rights and obligations because his marriage is not recognized by the state. Children will remain in a state of legal uncertainty, making it difficult to include the father's name on their birth certificates. However, to ensure legal protection, children can file a petition to determine their parentage. SEMA No. 3 of 2018 does not harm children, but rather maintains a balance between the order of marriage law and the protection of children's rights.
| Item Type: | Thesis (Undergraduate) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Departement of Law |
| Depositing User: | Inka Firzatullah Pratiwi |
| Date Deposited: | 19 Jan 2026 07:23 |
| Last Modified: | 19 Jan 2026 07:23 |
| URI: | https://repository.upnjatim.ac.id/id/eprint/48851 |
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