Pembatalan Perkawinan Poligami Tanpa Izin Karena Adanya Pemalsuan Identitas Di Pengadilan Agama Medan (Studi Putusan No.2072/Pdt.G/2019/PA.Mdn)

Abstract

Married life does not always run smoothly and according to expectations. Various reasons lead someone to choose to have more than one wife, including lack of attention from their spouse, indications of infidelity, and sometimes merely to satisfy carnal desires. However, often someone who decides to practice polygamy without permission from others, especially the wife, is due to a lack of understanding regarding the requirements contained in Law No. 1 of 1974 concerning Marriage. As a result, in several cases, such as the case of polygamy annulment involving identity forgery that occurred at the Medan Religious Court with Decision No. 2072/Pdt.G/2019/PA.Mdn. The problem formulations in this thesis are: 1) How is the validity of polygamy without permission by committing identity forgery according to Indonesian law, 2) What factors form the basis for annulment of polygamous marriage without permission with false identity based on legal perspective, 3) How are the judge's considerations in deciding the case regarding the annulment of polygamous marriage due to identity forgery in Decision No. 2072/Pdt.G/2019/PA.Mdn. The research method used in this thesis is empirical juridical research, which is descriptive in nature, using secondary data and employing documentation or literature study for data collection, with qualitative analysis. The research findings reveal that the validity of polygamy without permission by committing identity forgery according to Indonesian law has violated the marriage law provisions contained in Articles 4 and 5 of Marriage Law No. 1 of 1974 concerning the requirements and procedures for polygamy. The process of resolving the annulment case is conducted through legal procedures at the Religious Court based on Law No. 7 of 1989. In deciding the case, the judge considers the proof of violation elements and compliance with applicable marriage legislation.