Analisis Pertimbangan Hakim dalam Mengabulkan Permohonan Izin Poligami di Pengadilan Agama Mojokerto Tahun 2024 Perspektif Hukum Perkawinan

Abstract

In 2024, the Mojokerto Religious Court received nine applications for polygamy permits. Three were withdrawn by the applicants and the remaining six were decided, all of them granted, so not a single application was rejected. This figure raises a question about the basis of the judges' reasoning, because the Marriage Law and the Compilation of Islamic Law set strict requirements for polygamy. This study analyzes the judges' legal considerations and the application of marriage law in those six rulings. It uses a normative-empirical juridical approach with a qualitative method. Data were collected from six court decisions and interviews with three judges, then analyzed with the Miles and Huberman model, drawing on Mukti Arto's theory of judicial consideration. The findings show three layers of consideration. The first is juridical: Law No. 1 of 1974 in conjunction with Law No. 16 of 2019, Articles 55 to 59 of the Compilation of Islamic Law, and Government Regulation No. 9 of 1975. The second concerns justice, carried out by confirming the first wife's consent directly at trial and by determining joint property. The third concerns maslahah (public benefit), expressed as an extensive interpretation of Article 4 paragraph (2) of the Marriage Law in five of the six cases, which cited high sexual desire (hypersexuality) as the ground. Marriage law was applied consistently and substantively. Still, Article 4 paragraph (2) contains a normative gap that judges have so far closed through interpretation, and that interpretation can be defended under the conditions of maslahah set out by Abdul Wahab Khallaf.