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Abdul Hijar Anwar
Fakultas Hukum Universitas Sumatera Barat
Education Languange, Linguistic, Communication & Media

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PELAKSANAAN POLIGAMI DALAM HUKUM PERKAWINAN SEBAGAI HUKUM POSITIF DI INDONESIA Abdul Hijar Anwar
Ensiklopedia Education Review Vol 4, No 3 (2022): Volume 4 No 3 Desember 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eer.v4i3.1584

Abstract

The provisions for polygamy as contained in article 58 paragraph (1) meet the requirements specified in article 5 of Law no. 1 of 1974. However, Article 58 adds conditions: the wife's consent and the certainty that the husband is able to guarantee the necessities of life for his wives and their children. The wife's consent is subject to exceptions as stated in Article 58 paragraph (3) if it is impossible for the wife or wives to be asked for their consent and cannot become parties to the agreement or there is no news from them for at least two years or other reasons that have been assessed by the judge. , then polygamy can be done without the consent of the wife. Article 59 In the event that the wife does not want to give consent, and the application for permission to have more than one wife is based on one of the reasons stipulated in Article 55 paragraphs (2) and 57, the Religious Courts can determine the granting of permission after examining and hearing the wife concerned in the trial of the Religious Courts, and against this determination the wife or husband can appeal or cassation. Thus, based on the description above, we can draw the conclusion that the legal provisions in the KHI in the case of regulating polygamy are moderate, namely by not closing the door to polygamy tightly and not opening it wide. Reflection of a moderate attitude towards the legal provisions contained in the Compilation of Islamic Law (KHI), namely giving authority to polygamy cases.Keywords: Polygamy, Marriage Law, Indonesia.
PENDDIDIKAN THE PURE THEORY OF LAW: HANS KELSEN DALAM BIDANG ILMU HUKUM Abdul Hijar Anwar
Ensiklopedia Education Review Vol 5, No 1 (2023): Volume 5 No 1 April 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eer.v5i1.1876

Abstract

The growth of various schools of thought in legal theory shows a continuous struggle of thought in the field of legal science. If in the past, legal philosophy was a by-product of philosophers, today this position is no longer the case because legal philosophy issues have become separate material for study by jurists. The law of postivism for Hans Kelsen is that it must be cleaned of non-juridical elements, such as sociological, political, historical, even ethical elements. This thought is known as pure legal theory. For him law is a necessity that regulates human behavior as a rational being. In Indonesia, law has a very broad scope, not limited to the textual form of laws and regulations. In the functioning of law in the midst of society, it does not only require laws but other things such as community culture, law enforcement officials and facilities and infrastructure. From this we can see that the flow of positivism seeks to imprison law only textually.Keywords: The Pure Theory, Law, Hans Kelsen.
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