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PEMBATALAN PERKAWINAN DAN STATUS HUKUM ANAK (STUDI PUTUSAN PENGADILAN AGAMA WONOSARI No. 1011/Pdt.G/2022/PA.Wno)
Fasakh or marriage annulment is a legal mechanism recognized in Islam and positive law in Indonesia if a marriage takes place without fulfilling the specified conditions. Law Number 1 of 1974 Article 22 regulates that a marriage can be annulled if the parties do not fulfill the requirements to enter into a marriage. One concrete example is in the Wonosari Religious Court Decision Number 1011/Pdt.G/2022/PA.Wno, where the marriage was annulled because the wife was proven to have falsified her name and marital status by claiming to be a virgin, even though legally she was still married to another man. This decision not only has an impact on the validity of the marriage, but also has legal consequences for several aspects, one of which is the status and legal position of children born from the marriage. Therefore, this research focuses on the annulment of marriages due to identity fraud and its implications for the legal status of children based on Islamic law and positive law in Indonesia by studying the decision of the Wonosari Religious Court. The type of research used is library research using primary data obtained from the Wonosari Religious Court Decision No. 1011/Pdt.G/2022/PA.Wno and secondary data in the form of books, official documents and scientific works relevant to the juridical-normative approach. The juridical-normative approach is an approach that examines law as a norm or applicable rule, with an emphasis on statutory regulations and teachings derived from the naṣṣ. In this regard, the theory used in this study is the theory of fasakh and annulment of marriage. The theory of fasakh is an analytical tool based on the Qur'an, hadith, the views of scholars and the Compilation of Islamic Law while the annulment of marriage is based on Law No. 1 of 1974 and the Civil Code. The results of this study indicate that, when viewed from both Islamic and positive law, the marriage previously entered into by the defendant and plaintiff is legally annulled. In Wonosari Religious Court Decision Number 1011/Pdt.G/2022/PA.Wno, the panel of judges emphasized that the marriage was annulled because the defendant was still legally married to another man. Regarding the legal status of children, both Islamic and positive law essentially emphasize that annulment of a marriage does not apply retroactively to children born of the marriage. However, under Islamic and positive law, the child's lineage and civil relationship can also be influenced by the parents' good faith in entering into the marriage.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 21003050049 Farras Mahdy Ibadurrahman Nur
PEMBATALAN PERKAWINAN DAN STATUS HUKUM ANAK (STUDI PUTUSAN PENGADILAN AGAMA WONOSARI No. 1011/Pdt.G/2022/PA.Wno) (Text)
PEMBATALAN PERKAWINAN DAN STATUS HUKUM ANAK (STUDI PUTUSAN PENGADILAN AGAMA WONOSARI No. 1011/Pdt.G/2022/PA.Wno) (Other)
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346.01 Hukum Keluarga - Hukum Pernikahan