Pertimbangan Hakim Terhadap Permohonan Poligami Dengan Sebab Hasrat Libido Tinggi Perspektif Teori Keadilan Hukum John Rawls

Studi Putusan Nomor 1330/Pdt.G/2023/PA.Lmj

Abstrak

Decision Number 1330/Pdt.G/2023/PA.Lmj is a case of requesting permission for polygamy submitted by the husband on the grounds of high libido. This research aims to examine the judge's reasons and considerations in granting the request and assess its fairness based on John Rawls's "Justice as Fairness" perspective. In this research, a normative legal approach is used by examining court decisions that have permanent legal force. The research results show two main conclusions. First, the judge decided to grant the request for polygamy by considering the husband's confession and the consent of the first wife even though the evidence presented was only an oral statement. The judge assessed that this fulfilled the requirements for polygamy in accordance with Article 4 paragraph 2(a) and Article 5 of Law no. 1 of 1974, as well as the Compilation of Islamic Law and Sharia in QS. An-Nisa verse 3. Second, based on Rawls' analysis of justice, this decision contains injustice for the first wife. The reason for the husband's high libido is considered not strong enough to sacrifice the wife's freedom and moral rights. In addition, the absence of specific evidence regarding the condition of the first wife and the 21year age difference with the prospective second wife who is still a virgin violates the principles of equality of opportunity and fair distribution.