PENYELESAIAN MENURUT HUKUM ADAT TOLAKI TERHADAP TINDAK PIDANA PERKAWINAN TANPA IZIN ISTRI PERTAMA (Studi Kasus Pada Polres Kendari)

Abstract

This study aims to determine the causes of polygamy without the permission of the first wife and efforts to resolve polygamy without the permission of the first wife according to Tolaki Customary Law. The type of research is empirical legal research by conducting initial research in the form of collecting data that supports the problem being studied. Furthermore, the author in this study conducted research at the Kendari City Police which handled the case of Polygamy Without the Permission of the First Wife. The results of the study indicate that the factors causing polygamy without the permission of the first wife at the Kendari City Police are difficulty in having children, physical disabilities, and lack of respect for the husband. Difficulty in having children is the main factor that causes a husband to practice polygamy without the knowledge and permission of the first wife. Physical disabilities are also a cause of polygamy without the permission of the first wife, although there is still much debate about the exact indicators of the physical disabilities in question. And finally, lack of respect for the husband is a condition that is sometimes considered normal for a wife, but over time a husband feels bored and secretly practices polygamy without the knowledge of the wife. Meanwhile, efforts to resolve polygamy without the permission of the first wife according to Tolaki Customary Law are through the Kalosara instrument. Kalosara is able to resolve almost all disputes that arise in society, whether related to state administration, criminal, or civil matters. Of course, in the Mombesara traditional ceremony, Puutobu, Tonomotu'o, Toleadan Pabitara must be involved.