PEMBATALAN PERKAWINAN KARENA PASANGAN BERPINDAH AGAMA (STUDI PUTUSAN PENGADILAN AGAMA DEPOK NO. 2390/Pdt.G/2013/PA.Dpk)

LARAS NURUL RAHMAH, NIM.: 14340025 (2021) PEMBATALAN PERKAWINAN KARENA PASANGAN BERPINDAH AGAMA (STUDI PUTUSAN PENGADILAN AGAMA DEPOK NO. 2390/Pdt.G/2013/PA.Dpk). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This research intends to recognize the judge analysis in the decision of the marriage annulment case submitted to the Depok Religious Court No. 2390/Pdt.G/2013/PA. Dpk. The application for annulment of marriage in this case began from the knowledge of respondent who returned to his religion again after the marriage took place. This fact is evidence of a defect in the marriage that resulted in the marriage can be filed annulment. Based on the description above, the researchers formulated the following problems: Is the judge's decision in accordance with the Marriage Law, KHI, and Islamic Law? Is the judge's decision in accordance with the theory of justice, benefit,and legal certainty? This research is included in normative research with library research (literature research). The legal materials used in this research include primary legal materials in the form of several laws and regulations as well as secondary legal materials which including books, scientific journals, and others. The approach used in this study is a juridical-normative approach, namely legal research aimed at finding methods, norms or das sollen. The results of this study can be concluded that: First, the Judge in his ruling uses the legal basis of Article 27 paragraph (2) of the Marriage Law, Article 72 paragraph (2) and Article 44 KHI, the reason for annulment of marriage because the apostate spouse is not regulated in the Marriage Law and KHI, whereas in Islamic law since the start of the conversion, the marriage is automatically annulled. Second, the judge's decision in the case No. 2390/Pdt.G/2013/PA. Dpk has fulfilled justice, legal certainty and manhood. However, its reassurance is more towards justice and benefit, not that it does not pay attention to legal certainty.

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