Akibat Hukum Terhadap Pembatalan Perkawinan Poligami Terhadap Istri Ke-2 (Dua)

Abstract

Marriage is defined as an agreement between men and women to be married. Organizing marriages
in some communities, sometimes ignoring the true will of the candidate who will marry, even in many cases,
the future bride and groom will only find out who he will marry with at the time the marriage will take place
. It is often the case that marriages take place according to the wishes of the marriage, but are contrary to
the wishes of the other parties, for example the family, both male and female families or polygamous
marriages that are carried out illegally. The consequence of this situation caused no happiness in the
household and forced the marriage bond to be decided or canceled. Cancellation of marriage is regulated in
articles 22 up to and including 28 of the marriage law of 1974. Cancellation of polygamous marriage will
cause legal consequences and losses for some parties, especially the second ex-wife.
The type of research that is used normative legal research, namely research that is carried out by
research of primary and secondary legal materials. The author conducts research with a view to attracting
legal principles (Rechtsbeginselen) that can be made against written positive legislation and unwritten
positive legislation. In this study, the author discussed more about the principles of law, in particular the
principle of justice in the case of the cancellation of the marriage experienced by the second ex-wife . In this
case to describe the factors, efforts that can be made to seek justice, and legal protection for the second exwife
who is not regulated in the marriage law.
The results of the investigation into this problem were the result of the law of canceling polygamous
marriages for the second ex-wife only in the form of the cancellation of the polygamous marriage. But there
are no legal consequences for the rights of the second ex-wife, none of the laws and regulations in Indonesia
regulate this issue. According to article 28D of the Constitution of 1945, the second ex-wife has the right to
obtain justice. The country is immediately guided to form a new rule to regulate the rights and obligations of
the second ex-wife. Because there are no rules that apply, the second ex-wife can make legal efforts through
non-court cases in the form of negotiation and mediation or take legal action through legal proceedings in
the form of a civil claim for compensation against the former spouse of a polygamous marriage that was
canceled.
Keywords: Marriage - Cancellation - the second wife - right