Art Original

Analisis Kasus tentang Poligami yang Dilakukan Oleh ASN Tanpa Izin Istri Pertama Menurut Peraturan Pemerintah Republik Indonesia Nomor 10 Tahun 1983 Tentang Izin Perkawinan dan Perceraian Bagi Pegawai Negeri Sipil di Pengadilan Agama Pekanbaru

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The problem of polygamy is a common problem faced by every layer of Indonesian society without exception, including civil servants. One aspect of concern in cases of polygamy without the permission of the first wife by ASN is the legal consequences that must be faced by the perpetrator. In addition to administrative sanctions and disciplinary penalties, the implementation of polygamy without the permission of the first wife can have an impact on the continuity of the ASN's career. Enforcement of disciplinary sanctions is essential in enforcing compliance with marriage law in Indonesia The research is classified as empris legal research using a sociological approach, which is carried out by looking at and investigating the rules in the field. This legal investigation is based on primary/basic data. Basic data is data obtained directly from the Pekanbaru Religious Court which is the main source by conducting field surveys or going directly to the field to find the most important data. First, the implementation of polygamy by a State Civil Apparatus (ASN) without permission from the first wife is contrary to Government Regulation of the Republic of Indonesia Number 10 of 1983 concerning Marriage and Divorce Permits for Civil Servants. Government Regulation of the Republic of Indonesia Number 10 of 1983 concerning Marriage and Divorce Permits for Civil Servants has clearly stipulated the conditions that must be met to carry out polygamy, including the consent of the first wife. In the context of civil law, the implementation of polygamy without the permission of the first wife by an ASN raises serious questions about the legal validity of the second marriage and so on. Article 3 paragraph (2) of the Marriage Law confirms that polygamy is only valid if it is carried out with permission from the Religious Court. Therefore, violation of this provision can lead to serious legal consequences for the perpetrator. Second, disciplinary sanctions against State Civil Apparatus (ASN) who commit polygamy without the permission of the first wife are important to enforce compliance with marriage law in Indonesia. Law Number 5 of 2014 concerning State Civil Apparatus provides a legal basis for sanctioning such violations. The law enforcement process at the Pekanbaru Religious Court must be carried out transparently and fairly, taking into account the rights of all parties involved. Consistency in law enforcement and the application of disciplinary sanctions can set an example for other ASNs to comply with applicable legal provisions, as well as strengthen public confidence in the legal system and its enforcement agencies.

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Detail Information

Call Number

Hukum 306.81 And a

Language

Indonesia

NPM

171010381

Publisher

Ilmu Hukum : Universitas Islam Riau., 2024

Keyword(s)

Marriage
ASN
Polygamy
First Wife

Other Information

Petugas

Uthi Kurnia

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