UPAYA HUKUM TERHADAP PERLINDUNGAN HAK ISTRI KEDUA PASCA ADANYA PUTUSAN PENGADILAN AGAMA NOMOR 438/PDT.G/2021/PA.LLK

Abstrak

The issuance of the Religious Court Decision Number 438/PDT.G/2021/PA.Llk, which cancels the marriage between the respondent (second wife) and her husband, has legal implications for the civil rights of the second wife and the legal status of the children born from the marriage. This condition raises legal uncertainty for the second wife regarding her rights to joint marital property and the recognition of her children’s legal status. This study aims to determine and analyze the legal consequences of marriage annulment for the second wife and the children, as well as to identify legal protection efforts that can be pursued by the second wife after the annulment decision. The research method used is socio-legal research with a normative and non-doctrinal approach, utilizing primary data in the form of relevant court decisions and secondary data such as legislation, legal literature, and expert opinions regarding marriage annulment, property rights, and the legal status of children under Indonesian law and Islamic law (KHI). The findings of this research indicate that although the marriage has been declared annulled, the second wife retains the right to claim joint property acquired during the marriage, as stipulated in Article 97 of the Compilation of Islamic Law (KHI). Furthermore, the annulment decision does not revoke the child’s legal status as a legitimate child, as provided in Article 76 of KHI and Article 28 paragraph (2) of Law Number 1 of 1974 concerning Marriage. Legal protection for the second wife can be pursued preventively through the fulfillment of marriage requirements and litigatively through the court by filing a lawsuit for joint property rights