| Summary: | Law No. 1 of 1974 on Marriage which is the implementation of the provisions
governing marriage in Indonesia has provided a clear foundation on the implementation
of marriage in Indonesia . Polygamy law in society is the fact that frequently occur and
often cause the pros and cons among the people . Most of Indonesian people are
Muslims and the Islamic religion allow for polygamy . Polygamous marriages in
Indonesia often cause problems in the division of inheritance.
The purpose of this study were: 1 ) To analyze the implementation of the
division of marital property in a polygamous marriage after the enactment of Law No. 1
of 1974 on Marriage that of the Decision Number : 36/Pdt.G./1997.PN.Skh. 2 ) To
know the obstacles that are in the division of marital property in a polygamous marriage
and settlement of existing efforts on Decision Number : 36/Pdt.G./1997.PN. SKH.
The approach used is an empirical juridical approach . This study is a descriptive
analysis . Location of the study was conducted in the District Court Sukoharjo .
Interviewees in this study 1 (one) person Sukoharjo District Judges and 1 (one) person
Sukoharjo District Court . Methods of data collection in this study were interviews, and
literature. Data analysis method used is the method of qualitative analysis.
The results of this study indicate that: 1) The division of inheritance in
polygamous marriages in this case the first wife of a polygamous husband has the right
to gono-gini property owned jointly with her husband. Second wife entitled to property
and so on gono-gini along with her husband since their marriage lasts . All these wives
have equal rights to property of the gono-gini . However , the second wife and so is not
entitled to property gono-gini first wife . In a polygamous marriage is no commingling
of property of husband and wife by marriage . 2) In the division of marital property in a
polygamous marriage in the form of chunks of land - field or a field that is wide , very
difficult to determine which parts of each , should be held in kekeluargan and meet the
elements of fairness to all parties.
Keywords : Distribution of Inheritance and Marriage Polygamy.
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