Analisis Yuridis Kepastian Hukum dalam Pembagian Waris pada Perkawinan Poligami (Studi Putusan Pengadilan Agama Stabat Nomor 1491/Pdt.G/2022/PA.Stb)

Abstract

Polygamy in Indonesia is legally permitted under both Islamic law and national law, provided that strict requirements are met, including the obligation to obtain permission from the religious court. Problems arise when a second marriage is carried out without such permission, even though it is administratively registered and later acknowledged in the context of inheritance distribution. This research aims to analyze the legal certainty in inheritance distribution within polygamous marriages, with a focus on the decision of the Stabat Religious Court No. 1491/Pdt.G/2022/PA.Stb.

This study employs a normative juridical method, utilizing a statutory and case study approach. The analysis is grounded in three theoretical frameworks: the theory of justice by Sayyid Quthb, the theory of legal certainty by Jan M. Otto, and the theory of legal protection by Satjipto Rahardjo. The findings indicate that the inclusion of the second wife as an heir in this case fails to fulfil the principle of legal certainty due to the absence of court permission, as mandated by the Marriage Law and the Compilation of Islamic Law. Although the marriage was formally registered, it lacks legal validity under positive law and therefore should not generate legal consequences in inheritance matters.

The study concludes that recognizing the inheritance rights of a second wife without court approval creates legal uncertainty and may disadvantage other heirs, particularly the children from the first marriage. Consequently, strict and consistent law enforcement by religious courts is essential to ensure that the formal legal requirements of polygamous marriage are fully met before any legal consequences arise, including inheritance rights. In addition, legal reform and public awareness regarding polygamy regulations must be enhanced to ensure that Islamic inheritance law is applied more fairly and transparently in accordance with the principle of legal certainty.