THE LEGALITY OF POLYGAMY BASED ON POSITIVE LAW IN INDONESIA IN THE FRAMEWORK OF BUILDING PROSPEROUS FAMILIES

Abstract

This research aims to find out how the concept of polygamy respects wives and children according to Indonesian positive law, and how the procedures for applying for polygamy in religious courts are based on positive law. This is interesting to research because there are many illegal practices of polygamy in Indonesia which have a negative impact on wives and children both legally and in terms of their benefits. This research uses a normative juridical approach, the research specifications used are descriptive analysis, the type and source of data used in this thesis is qualitative while the data source uses secondary data consisting of primary legal material, secondary legal material and tertiary legal material. Data collection methods use literature study and document study. The data analysis method used is qualitative analysis. Based on research, it can be concluded that correct polygamy that honors women according to positive law in Indonesia is polygamy that complies with the law and fulfills the requirements for polygamy. The practice of polygamy to form a prosperous family requires many conditions and is not easy. These include requirements in accordance with the Qur'an and Hadith from the Ulama's perspective, in accordance with Positive Law in Indonesia. Because of the seriousness of the conditions that must be met, not everyone can perfectly carry out the practice of polygamy to form a prosperous family. For someone who wants to practice polygamy legally and achieve a prosperous family, they must think long before deciding to practice polygamy. A long path must be traversed and fulfilled not only from an emotional perspective, but measurable with clear indicators.