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PEMBATALAN PERKAWINAN KARENA KETIDAKSESUAIAN IDENTITAS (STUDI PERKARA NOMOR 2588/PDT.G/2022/PA.PT)
The validity of identity in marriage constitutes one of the legal requirements for a valid marriage. Identity discrepancies in marriage are not merely administrative issues, but may also give rise to legal defects that affect the validity of the marriage. This study aims to analyze Decision Number 2588/Pdt.G/2022/PA.Pt concerning the annulment of marriage due to identity discrepancies from the perspective of legal protection theory and to examine the legal consequences arising from the annulment of marriage on the basis of such identity discrepancies. The research method employed in this study is empirical-juridical research with a descriptive-analytical nature. The approaches used include the statutory approach, case approach, and conceptual approach. The primary legal material is the Decision of the Religious Court of Pati Number 2588/Pdt.G/2022/PA.Pt. Legal materials were collected through library research and then analyzed qualitatively. The results of the study indicate that the identity discrepancy in case Number 2588/Pdt.G/2022/PA.Pt constitutes a material legal defect that may serve as grounds for the annulment of marriage as regulated in Article 27 paragraph (2) of Law Number 1 of 1974 concerning Marriage and Article 71 letter b of the Compilation of Islamic Law. From the perspective of Philipus M. Hadjon’s legal protection theory, Decision Number 2588/Pdt.G/2022/PA.Pt represents a form of repressive legal protection to restore the rights of the Petitioner who suffered harm as a result of a marriage formed on the basis of false identity. In addition, the annulment of marriage gives rise to legal consequences that differ from divorce, because annulment functions to correct a marital status that was legally defective from the outset, with the principal consequence being the loss of marital status between Respondent I and Respondent II. Thus, the decision is in line with the principles of legal certainty, justice, and expediency, and demonstrates that the annulment of marriage due to identity discrepancies is both corrective and protective in nature.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 20103040173 Fachrudin Masyfuk Syah
PEMBATALAN PERKAWINAN KARENA KETIDAKSESUAIAN IDENTITAS (STUDI PERKARA NOMOR 2588/PDT.G/2022/PA.PT) (Text)
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