Social Science
Legal Ambiguity of the Able Requirement for a Husband to Practice Polygamy in Indonesia
Fahmi Shahab,
Moch Tanzil Multazam
Abstract
"This study examines the meaning of ""mampu"" or ""ability"" in Article 5 Paragraph 1 letter (b) of Law No. 1/1974 on Marriage, which serves as a requirement for a husband to practice polygamy in Indonesia. Through a normative legal research method with a statutory approach, the study finds that ""mampu"" refers to the husband's ability to provide for the needs of his wives and children, including clothing, shelter, and food, based on his income and monthly expenses during his previous marriage. The research emphasizes that ""mampu"" is a prerequisite for husbands to practice polygamy, ensuring that they can fulfill the needs of all their wives and children while providing legal protection for their first wife and children. Highlights: Study analyzes criteria for polygamy in Indonesia. Husband's ability to provide for family is a key factor. Legal research and deductive methods used for analysis."
Key Questions
What does "mampu" mean in the context of Indonesia's Marriage Law regarding polygamy?
In this legal context, "mampu" refers to a husband's financial capacity to meet the essential needs of his wives and children, including provisions for clothing, shelter, and food. This assessment is based on the husband's income and monthly expenses from his existing marriage. :content
Why is the concept of "mampu" significant in granting permission for polygamy in Indonesia?
The requirement ensures that a husband can adequately support all his wives and children, thereby providing legal protection for the first wife and any offspring. It serves as a safeguard to ensure that the husband's decision to practice polygamy does not compromise the welfare of his family. :
How is a husband's "ability" evaluated under Indonesian law when considering polygamy?
The evaluation involves a normative legal approach, examining statutory regulations to determine if the husband possesses the financial means to support multiple families. This includes an analysis of his current financial obligations and whether he can sustain the additional responsibilities that come with polygamy.
What legal protections are in place for the first wife and children if a husband wishes to practice polygamy?
Indonesian law mandates that a husband must obtain the consent of his current wife or wives and demonstrate his ability to provide for all parties involved. These provisions aim to protect the rights and welfare of the first wife and children, ensuring they are not disadvantaged by the husband's decision to enter into additional marriages.
What are the broader implications of the "mampu" requirement on the practice of polygamy in Indonesia?
The "mampu" requirement underscores the importance of financial responsibility and fairness in marital relationships. It reflects the legal system's effort to balance individual desires with the protection of family welfare, ensuring that polygamy is practiced responsibly and does not lead to neglect or hardship for any family members.
