The Legal Consequences Of An Unregistered Marriage Prior To A Polygamy Permit In Judicial Consideration: A Comparative Analysis Of The Decisions Of The Pulau Punjung Religious Court Number 121/Pdt.G/2025/Pa.Plj And The Makassar Religious Court Number 455/Pdt.G/2024/Pa.Mks

Abstract

This study analyzes the legal consequences of an unregistered marriage conducted before obtaining a polygamy permit and examines the judicial considerations in Decision Number 121/Pdt.G/2025/PA.PLJ of the Pulau Punjung Religious Court and Decision Number 455/Pdt.G/2024/PA.Mks of the Makassar Religious Court. The legal issue concerns compliance with polygamy authorization procedures and its implications for legal certainty and the protection of wives and children. This study employs a normative juridical method using statutory, case and conceptual approaches through library research. The findings indicate that the different outcomes were not based on different legal norms, but on differences in legal facts, evidence and judicial assessment of the substantive and procedural requirements. Decision Number 121/Pdt.G/2025/PA.PLJ granted the application because the requirements for polygamy were considered fulfilled, while Decision Number 455/Pdt.G/2024/PA.Mks rejected the application due to the failure to satisfy the legal requirements and the existence of an unregistered marriage before judicial authorization was obtained. This study highlights the importance of consistency in applying polygamy authorization procedures to strengthen legal certainty and legal protection for wives and children.