Hak dan kewajiban suami yang berpoligami dalam kepengurusan harta bersama menurut KHI dan UU no. 1 tahun 1974

ABSTRACT

Marriage of polygamy represent marriage form that happened between a men with interest from a woman during which at the same time. In Principle لل Marriage (لت Number 1 Year 1974) and KHI embrace monogamy ground in marriage. Polygamous only assumed as an exemption and majored for the man who can fulfill conditions which have been determined. One of the condition is must go into effect fairly among wife, specially in things having the character of items. In life of family which its husband conduct polygamy, problem of community property oftentimes set by the ears or stress, good among wife with husband, wife with wife or child with child. The mentioned one of them can arising from the existence of rights imbalance or conducted by obligation is husband in managing community property. Referring to that thing is, hence needed the existence of special regulation which arrange management of community property in marriage. As for hitting congeniality of itself community property till now still not yet there are definitive rule, what is there is or do not. There is opinion telling that there is no community property except passing syirkah, but there is also telling automatically there is community property among wife and husband during marriage take place.

This research try to answer problems above with searching equation and its difference by using legal fundament of KHI and of uu Marriage and also limiting it at problem of polygamous husband rights and obligations in management of community property based on rule which have been marked with lines by both law. As for used reference there are in a few research which have been done by former researcher, goodness in the form of book and or erudite masterpiece which not yet been published, specially all coed and student of UIN Malang.

This research pertained research of bibliography (library Research) diging theory in the field of science which have importance to obtain broader orientation in selected problems. Despitefully, this research also the included in type research of law of normative including research to principle of justice, system, synchronization level, history and also comparison of law. As for approach the used is approach qualitative. Its data medium stem from source of primary data and data source of sekunder. In data collecting of this research use Method Study Fill or Content Analysis and Method of Comparative, which both trying to conclude which done objectively and systematic by finding difference and equation among object with other variable-object which is its same status.

Result of this research indicate that among KHI and of uu Maniage in the reality have some difference, although in fact among both the law there no very principled oposition. In the case of polygamous husband rights and obligations to management of community property, KHI and of لالا Marriage look into same to its rights in conducting action law. Also with obligation, KHI and of لل Marriage both of the same obliging a bigamous husband more than a to take care of and holding responsible of community property of undesirable things. And remember community property status in that marriage is selfsupporting and separate, hence husband is obliged to dissociate community property among every its wife and may not be interlarded in its use. Hitting its difference, لال Marriage give rights fully to wife husband with to manage the community property (each community property). Medium in KHI do not. Because of in possibility community property there are community property ( syirkah), husband estae and wife estae, hence for management to differ. For estae syirkah, they eam to act together. Medium for personal estae (non bowry protion), each can is entitled to fully. As for about obligation, KHI oblige the existence of approval of both parties, in لالا Marriage do not that way. To the problem of family debt, KHI oblige husband (including also wife) to paying it with community property, whereas لل٦ Marriage deliver the the redemption at both wife husband as according to their agreement with.