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TINJAUAN YURIDIS TERHADAP PEMBATALAN PERKAWINAN BERDASARKAN TEORI KEADILAN (STUDI PUTUSAN PENGADILAN AGAMA MIMIKA NOMOR 107/PDT.G/2020/PA.MMK)
An invalid marriage will result in the annulment of the marriage by a court judge's decision. The annulment of marriage has consequences on the marital status, children born from the marriage, and marital property. In the case of marriage annulment Number 107/Pdt.G/2020/PA.Mmk, the annulment request was filed because the petitioner claimed never to have conducted the marriage contract (akad nikah) and consent (ijab kabul) with the respondent. This study aims to analyze the legal basis, legal considerations, and legal decisions in the annulment case Number 107/Pdt.G/2020/PA.Mmk from the perspective of justice according to Hans Kelsen's theory. This research uses normative legal research with a descriptive-analytical approach. The approaches used are statutory and case approaches. Data collection was conducted through literature study by examining legal materials, including primary, secondary, and tertiary legal sources. The data analysis in this normative legal research was carried out in three stages: identification of legal facts, legal examination, and legal application. The results show that in case No. 107/Pdt.G/2020/PA.Mmk, it was proven that the marriage between the petitioner and respondent had a procedural defect, namely the absence of the groom at the time of the marriage ceremony, rendering the marriage invalid and subject to annulment. However, the judge did not fully consider the existing legal provisions, as Articles 26 paragraph (2) and 27 paragraph (3) of Law Number 1 Year 1974 concerning Marriage—which regulate the statute of limitations for filing an annulment request as six months after the marriage or from the time the violation and non-compliance with the law are known—were not taken into account. Based on Hans Kelsen’s theory of justice, which states how the law should be applied, the judge in this case did not fully use all relevant legal rules in the consideration to decide the case. According to Kelsen, an action is considered just or unjust based on an objective assessment of applicable legal rules; however, in this case, the judge did not optimally assess the applicable legal provisions regarding the petitioner’s request. Due to this incomplete legal assessment, justice has not been fully achieved for both parties
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 21103040043 Andrini Putri Shafaa Rizqullah
TINJAUAN YURIDIS TERHADAP PEMBATALAN PERKAWINAN BERDASARKAN TEORI KEADILAN (STUDI PUTUSAN PENGADILAN AGAMA MIMIKA NOMOR 107/PDT.G/2020/PA.MMK) (Text)
TINJAUAN YURIDIS TERHADAP PEMBATALAN PERKAWINAN BERDASARKAN TEORI KEADILAN (STUDI PUTUSAN PENGADILAN AGAMA MIMIKA NOMOR 107/PDT.G/2020/PA.MMK) (Other)
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