This research examines the inequality of justice for women in the regulation of polygamy in Indonesia, especially Article 4 paragraph (2) letter c of the Marriage Law and Article 57 letter c of the Compilation of Islamic Law which allows husbands to practice polygamy if the wife cannot produce offspring. This research uses a qualitative approach with a normative legal analysis method. The primary data sources of this research are the Marriage Law and the Compilation of Islamic Law. The secondary data sources are Court decisions, academic literature, journals, and expert opinions relevant to this research. The data analysis technique in this research uses the content analysis method. This research argues that there has been an inequality "Legal System Ibuism" in the polygamy permit policy of childlessness families in Indonesia. This research recommends legal reform in three aspects: legal structure (elimination of discriminatory policies by the executive, legislative and judiciary), legal substance (revision of polygamy rules in Article 4 paragraph 2 letter c of the Marriage Law and Article 57 letter c of the Compilation of Islamic Law), and legal culture (changing society's views on the role of women in marriage). As a solution, alternatives such as adoption, foster parents, and reproductive technology can be prioritised over polygamy. With these reforms, the legal system can be more just and inclusive for women.
Yulinda et al. (Thu,) studied this question.
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