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All Journal Widya Yuridika Jurnal Dialektika Hukum
Fitri Hidayat
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Kajian Kritis Terhadap Ratio Decidendi Hakim Mengabulkan Poligami Dengan Alasan Suami Hiperseksual Dari Perspektif Keadilan Gender Fitri Hidayat
Widya Yuridika Vol 3, No 2 (2020): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v3i2.1584

Abstract

The Act of Marriage allows a husband to have more than one wife that can be called plural marriage (poligami in bahasa), on condition: a. the wife cannot carry out her obligations as a wife; b. the wife gets a disability or an incurable disease; c. the wife cannot give birth. The judge will give permission to the husband to marry more than one person, if they meet one of the conditions above. The ratio decidendi of these four court decisions is a concern: Putusan Nomor 0616/Pdt.G/2015/PA.Pwd, Putusan Nomor 905/Pdt.G/2012/PA.JB, Putusan Nomor 2593/Pdt.G/2017/PA.Jbg, Putusan Nomor 2670/Pdt.G/2012/PA.Lmg. This court ruling granted the hypersexual husband's request to be married more than one person. The ratio decidendi is the wife can not carry out her obligations as a wife. Hypersexual is a mental disorder. The judge granted the request by using that ratio decidendi the same as labeling the wife not do the obligation. Even though the one who has a problem is her husband. The wife has done her duty, but she is no longer able to serve because the husband is hypersexual, which actually makes the wife feel pain. The court decision leads to discrimination and also not in accordance with the principles of gender justice which is in Islam. Because Islam does not recognize discrimination. Islam recognizes the difference between men and women but is not a distinction.
KESADARAN HUKUM PENCATATAN PERKAWINAN PENGHAYAT KEPERCAYAAN SAPTA DARMA DI KOTA MALANG Jovita Dwi Caroline Halan; Fitri Hidayat; Rumi Suwardiyati
Jurnal Dialektika Hukum Vol 7 No 2 (2025): Jurnal Dialektika Hukum
Publisher : Law Department Jenderal Achmad Yani University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36859/jdh.v7i2.4696

Abstract

Sapta Darma belief adherent couples in Malang City are legally obligated to register their marriages with the Department of Population and Civil Registration (Dispendukcapil), in accordance with Law Number 24 of 2013 concerning Population Administration. Although adherents of local religions have been legally recognized, in practice, many couples have yet to officially register their marriages. This research aims to analyze the level of legal awareness among Sapta Darma adherents regarding marriage registration in Malang City. This research is a type of socio legal research that uses sociological jurisprudence approach. Primary data were obtained through interviews with informants, while secondary data were gathered from law and official document. The population in this research is Sapta Darma adherent couples as well as leaders and elders of the Sapta Darma Citizens Association (Persada) in Malang City. The sample in this research uses non-probability sampling using the quota sampling method and that are analyzed using qualitative descriptive analysis. Based on the results of the research, the legal awareness of Sapta Darma belief-based couples in Malang City is not yet optimal, or can even be categorized as lacking legal awareness. Although most couples possess basic knowledge about the obligation to register their marriages, their legal attitudes do not fully comply with the applicable legal provisions. The state has, in fact, provided a clear legal foundation to guarantee the rights of believers. However, the existence of such legal regulations is not sufficient to ensure their effective implementation.
Co-Authors Jovita Dwi Caroline Halan Rumi Suwardiyati