Review of Law Number 1 of 1974 and the Compilation of Islamic Law Against Polygamy by Marriage Sirri

Abstract

Marriage is an important event that occurs in human life. In marriage, not a few people practice polygamy withmarriages sirri which are only based on the validity of Islamic law marriages. The purpose of this study is to explain why the husband does polygamy in anmarriage unregistered, to explain also the impact of polygamy in an unregistered marriage and to explain how the status of his wife and children, as well as property in anmarriage unregistered. This research uses normative-empirical research methods, namely library research. Literature research was conducted to obtain secondary data from the Act, as well as from previous research. The results of polygamy withmarriages sirrias a result of the law are only recognized by the Islamic religion. In this case, if the husband does not ask for the blessing of the first wife, then the first wife can demand the annulment of the marriage to the Syar'iyah Court because the husband has practiced polygamy in amanner sirri without the consent of the first wife. The husband can be sanctioned by the District Court in the form of imprisonment for a maximum of 7 years in accordance with Article 279 of the Criminal Code, as well as a maximum fine of Rp. 7,500, in accordance with the provisions of Article 45 Number 9 of 1975. The status of polygamy in amarriage sirri is religiously legal and the child has a civil relationship only with the mother. Assets exist when there is joint property or personal property. It is recommended, for those who will practice polygamy, do so in accordance with the applicable laws, becausemarriages sirrido not have legal force.