Pembatalan Perkawinan Akibat Adanya Poliandri di tinjau dari UndangUndang Perkawinan dan Kompilasi Hukum Islam (Studi Putusan Mahkamah Agung No.764K/Ag/2024)

Abstract

Polyandry is a condition in which a woman is bound in marriage to more than one man at the same time, which is clearly prohibited under both positive law and Islamic law. This phenomenon raises legal issues concerning the validity of the marriage, the status of children, and joint property. Based on this, the study formulates three main problems: how the annulment of marriage on the grounds of polyandry is regulated under the Marriage Law and the Compilation of Islamic Law (KHI); what legal consequences arise from the annulment of marriage due to polyandry; and how the judges’ considerations are analyzed in decisions No. 1577/Pdt.G/2023/PA.Btl, No. 34/Pdt.G/2024/PTA.Yk, and No. 764 K/Ag/2024. This research employs a normative juridical method. The data sources used are secondary data consisting of primary, secondary, and tertiary legal materials. The data were collected through library research supported by a case approach, and then analyzed using qualitative data analysis methods. The study concludes that the regulation of marriage annulment due to polyandry is implicitly stipulated in Article 8 letter f and Article 9 of the Marriage Law, as well as Article 40 letter (a) and Article 71 (b) of the Compilation of Islamic Law (KHI). The legal consequences of annulment include the termination of the marital relationship, the redistribution of joint property, and the determination of the child’s status, which remains legally protected. The Supreme Court Decision No. 764 K/Ag/2024 affirms that multiple marital bonds contradict the principle of monogamy, thus rejecting the cassation petition and reinforcing the importance of consistency in upholding marriage law to ensure legal certainty and justice for the parties involved. Keywords: Marriage Annulment, Polyandry, Marriage Law, Compilation of Islamic Law