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SALAH SANGKA SEBAGAI ALASAN PEMBATALAN PERKAWINAN (ANALISIS PUTUSAN NOMOR 317/PDT.G/2024/PA.SMN DAN NOMOR 290/PDT.G/2024/PA.BTL)
Marriage is one of the acts of worship to the God and is considered valid if carried out according to the pillars and conditions of a valid marriage. Ideally, marriage lasts a lifetime, but marriage can be terminated, one of which is by filing for annulment. In Indonesia, cases of marriage annulment that frequently occur are caused by misunderstandings about one's partner. As in the Sleman Religious Court Decision Number 317/Pdt.G/2024/PA.Smn and the Bantul Religious Court Decision Number 290/Pdt.G/2024/PA.Btl, where there was a wife who filed a petition for annulment of marriage due to a misunderstanding about her husband. The author will examine both cases regarding the differences in legal basis and the differences in the judges considerations from the perspective of fundamental legal values. This research is qualitative study that is descriptive-analytical in nature. The approach used in this research is juridical normative, which is based on legal materials or as written in statutory regulations. The theoretical framework used in this research is the 3 basic legal values proposed by Gustav Radbruch namely justice, utility, and legal certainty, which aims to identify the factors influencing the differences in legal foundations and how judges considrations are viewed from these 3 basic legal values. The technique for collecting primary data in this research is through interviews with the panel of judges who decided on case numbers 317/Pdt.G/2024/PA.Smn and Numbers 290/Pdt.G/2024/PA.Btl. then, for secondary daya, it was obtained by conducting a study of legal documents, such as decisions, regulations, and other relevant materials to this research. The research results show that the same reason for filing a cancellation request can lead to different decisions. The are 3 (three) factors that influence the differences in legal basis in Decision Number 317/Pdt.G/2024/PA.Smn and Decision Number 290/Pdt.G/2024/PA.Btl, namely the differences in evidence submitted by the Applicant, differences ini the judges considerations, and difeerences in the classification of the husband‟s or wife‟s condition as misunderstanding or deception. Nevertheless, the panel of judges whi decided the case must consider the fundamental legal values by applying the principle of priority in deciding the case
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
SALAH SANGKA SEBAGAI ALASAN PEMBATALAN PERKAWINAN (ANALISIS PUTUSAN NOMOR 317/PDT.G/2024/PA.SMN DAN NOMOR 290/PDT.G/2024/PA.BTL) (Text)
SALAH SANGKA SEBAGAI ALASAN PEMBATALAN PERKAWINAN (ANALISIS PUTUSAN NOMOR 317/PDT.G/2024/PA.SMN DAN NOMOR 290/PDT.G/2024/PA.BTL) (Other)
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