Legality of Polygamy based on Positive Law in Indonesia in Order to Build a Prosperous Family

Abstract

This study aims to determine how the concept of polygamy that honors wives and children according to positive Indonesian law, and how the procedures for submitting polygamy in religious courts according to positive law. This is interesting to study because of the many illegal polygamy practices in Indonesia that have a negative impact on wives and children both legally and in terms of their welfare. This study uses a normative legal approach method, the research specifications used are descriptive analysis, the types and sources of data used in this thesis are qualitative while the data sources use secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Data collection methods use literature studies, and document studies. The data analysis method used is qualitative analysis. Based on the study, it is concluded that correct polygamy and honors women according to Positive Law in Indonesia is polygamy that is in accordance with the Law and the fulfillment of polygamy requirements. The practice of polygamy that forms a prosperous family requires many requirements and is not easy. Among them are requirements in accordance with the Qur'an and Hadith from the perspective of Ulama, in accordance with Positive Law in Indonesia. Due to the severity of the requirements that must be met, not everyone who can perfectly practice polygamy can form a prosperous family. For someone who will practice polygamy legally and achieve a prosperous family must think long before deciding to practice polygamy. A long path must be passed and fulfilled not only from the emotional side, but measured with clear indicators.