Journal of Social Research
Vol. 5 No. 3 (2026): Journal of Social Research

Expansion of Functions and Role of Mediators in Polygamy Permit Cases to Enforce the Principles of Monogamy

Alhadiansyah Alhadiansyah (Universitas Tanjungpura)
Angga Prihatin (Universitas Tanjungpura)
Sugeng Susila (Universitas Tanjungpura)



Article Info

Publish Date
26 Feb 2026

Abstract

Indonesian marriage law adheres to the principle of non-absolute monogamy, allowing polygamy with religious court permission. Although polygamy permit cases are categorized as disputes requiring mandatory mediation, mediation becomes unnecessary when both husband and wife have mutually agreed to the polygamy, as no actual dispute exists. In such situations, the mediation process risks overriding the principle of monogamy. The purpose of this article is to conduct a legal analysis of the implementation of mediation of polygamy permit applications in religious courts and to find solutions to uphold the application of the principle of monogamy at the mediation stage of polygamy permit applications. This article employs a normative juridical method, namely a study of the principles and norms in statutory regulations with an analytical approach, by analyzing legal materials to ascertain the meaning contained in the terms used in statutory regulations conceptually. The results of this research show that in polygamy permit applications where there is no dispute between the parties, the role of the mediator needs to be expanded to act as a negotiator to prioritize the principle of monogamy, as well as to prevent polygamy permit applications that are not in accordance with legal provisions from continuing in the examination process, as an implementation of the principles of administering justice that are simple, fast, and low-cost.

Copyrights © 2026






Journal Info

Abbrev

ijsr

Publisher

Subject

Humanities Computer Science & IT Economics, Econometrics & Finance Education Social Sciences

Description

The Journal of Social Research is a double blind peer-reviewed academic journal and open access to social and scientific fields. The journal is published monthly by International Journal Labs. The Journal of Social Research provides a means for sustained discussion of relevant issues that fall ...