Analisis Yuridis Hak Waris Istri (Kedua) dari Perkawinan yang Menggunakan Status Asal-Usul Perkawinan Palsu

Abstract

Many cases occur in communities that smuggle laws, one of which is the implementation of polygamy in the absence of polygamy permission from the court, which makes the marriage later cause a problem, including related to inheritance. This study intends to (1) analyze the results of the judges' consideration regarding the validity of marriages using false status in case decision number 339/Pdt.G/2020/PA. Ktb; (2) analyze the results of the judges' consideration regarding the inheritance rights of (second) wives from marriages using false status in case decision number 339/Pdt.G/2020/PA.Ktb. This research uses a type of normative legal research by using primary and secondary legal materials by collecting documents. Data obtained through literature studies will be studied qualitatively and presented descriptively. This study resulted in conclusions, among others: (1) The results of the judges' consideration regarding the validity of marriages using false status in case decision number 339/Pdt.G/2020/PA. Ktb, where the virgin status of the heir is not in accordance with the actual situation because the heir already has a previous wife and there has never been an annulment of marriage from anyone so that the panel of judges still declared the marriage valid but was judged by the panel of judges as a polygamous marriage in bad faith. (2) the second wife does not get the right to inherit as heirs because the Panel of Judges considers polygamous marriage that is not in good faith because there is no polygamy permit so that the Panel of Judges guides the Supreme Court Circular Number 2 of 2019 point C of the Religious Chamber number (1) letter (f), but for the sake of fairness the panel still gives part of the estate of the testator to the second wife through the expansion of the mandatory will