Abstract
Article 35 of the Marriage Law paragraph (1) states: Community property is property acquired by a couple during marriage. KHI article 94 states that community property in polygamous marriages is separated and independent. However, there is an opinion stating that article 94 is unfair for first wife, because they received the least portion among the other wives. In fact, first wife accompanied her husband for a longer time, and continued to accompany him in the next marriage. Of course it is considered unfair because first wife suffer the most, especially in terms of mental condition, because no woman is actually willing to share her husband with other women. The technical administration and technical guidelines for the Religious Courts are applied in the Religion Court based on the decision of the Chair of the Supreme Court of Republic of Indonesia Number: KMA/032/SK/IV/2006 concerning the implementation of "Book II Guidelines for Implementation of Duties and Administration of Religious Courts". It has been revised in 2006, 2010, and 2013. It was incomplete norm because Marriage Law does not explain the division of community property in polygamous marriages. It only contains the requirements of polygamy, so that it is not legal and could not protect the wife. The research method used by the author in this study was normative or doctrinal legal research. It was concluded that division of community property is the absolute requirement in polygamy, in order to protect the rights of wives. It is based on Marriage Law, Compilation of Islamic Law and Supreme Court Decision of the Republic of Indonesia Number KMA/032/SK/IV/2006. In terms of polygamy, Religious Courts also provide a verdict in the form of stipulation of community property. This is in line with the concept of legal protection which provides protection through legal certainty and guarantees justice for wives. Keywords: legal protection, polygamy, community property. DOI : 10.7176/JLPG/94-23 Publication date : February 29 th 2020
Highlights
2) Professor on Islam Law of Law Faculty, Brawijaya University, Malang, Indonesia. 3) Postgraduate Program of Law Faculty, Brawijaya University, Malang, Indonesia. 4) Postgraduate Program of Law Faculty, Brawijaya University, Malang, Indonesia
The technical administration and technical guidelines for the Religious Courts are applied in the Religion Court based on the decision of the Chair of the Supreme Court of Republic of Indonesia Number: KMA/032/SK/IV/2006 concerning the implementation of "Book II Guidelines for Implementation of Duties and Administration of Religious Courts"
It was concluded that division of community property is the absolute requirement in polygamy, in order to protect the rights of wives
Summary
Of the various aspects that have been regulated, marriage is a sunnatullah, which generally applies to all creatures of Allah SWT. To avoid legal contradictions, the only way that can be taken is to compromise those two provisions, by taking into account article 34 paragraph (1) and paragraph (2) of the Marriage Law, which states that, paragraph (1): "Husband is obliged to protect his wife and provides all the necessities of the family, "Paragraph (2):" The wife is obliged to arrange household affairs as well as possible." even though the wife does not make money, all the assets obtained during marriage is still considered as community property, and if they are divorcing, the wife still gets a share of the community property, as stipulated in article 37 of the Marriage Law; each of them gets a half of the community property, as stipulated in Compilation of Islamic Law article 95 and article 97. The sub-problems are formulated as follows: How is the urgency of the division community property in applying for polygamous marriages that provide legal protection for wives? What is the substance of the division of community property in applying for polygamous marriages?
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
