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All Journal Reformasi Hukum Trisakti
Renata Nova Novitasari
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Law, Crime, Criminology & Criminal Justice

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KOMPARASI KETENTUAN PERKAWINAN POLIGAMI ANTARA HUKUM INDONESIA DAN  PAKISTAN: Comparation of Legal Provisions of Polygamy Marriage in Indonesia and Pakistan Renata Nova Novitasari; Yunita Sugiastuti, Natasya
Reformasi Hukum Trisakti Vol 7 No 4 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i4.23436

Abstract

The sentence in Article 1 of Law No.1/1974 “... between a man and a woman ...” shows principle of monogamy in marriage, emphasized in Article 3 (1) of Law No.1/1974. However, this monogamy principle is not absolute, based on Article 3 (2) of Law No.1/1974, if desired, a husband may have more than one wife. The problem formulation in this study is to provide description of requirements that must be met to conduct a polygamous marriage based on positive law in Indonesia and Pakistan. The type of research is normative, using secondary data, analyzed qualitatively and drawn conclusions deductively. The results and the conclusion shows that  1) the similarity of polygamy provisions in Indonesia and Pakistan, namely requiring permission from authorized official, permission from wife/wives, there are reasons for polygamy applications, paying attention to the value of justice, there are sanctions against violations of the provisions. 2) The differences are that in Indonesia, the ability to be fair requires financial proof, while in Pakistan, the proof is done through testimony from the applicant's representative, wife or wives; in Pakistan, violations of polygamy requirements are in form of fines and imprisonment. Whereas in Indonesia, the only sanction is a fine.
Co-Authors Yunita Sugiastuti, Natasya