PEMBATALAN PERKAWINAN KARENA PENIPUAN OLEH PIHAK WANITA (STUDI PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 907/Pdt.G/2020/PA.BTL)

Edinda Ikhsania Nafanda Salsabilla, NIM.: 18103040032 (2022) PEMBATALAN PERKAWINAN KARENA PENIPUAN OLEH PIHAK WANITA (STUDI PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 907/Pdt.G/2020/PA.BTL). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriage that is done without fulfilling the conditions can be annulled. There are still many people who carry out marriages that do not meet the requirements and violate the provisions of the applicable legislation. This thesis entitled Marriage Cancellation Due to Fraud by Women (Study of the Bantul Religious Court Decision Number 907/Pdt.G/2020/PA.BTL), examines cases of marriage annulment filed by men on the grounds of fraud committed by women, and intends to answer the questions, namely how the judge's considerations in deciding cases of marriage annulment requests with elements of fraud depicted in this decision, how the principles of marriage are applied in the settlement of the case, and what are the legal consequences that arise from the decision to cancel marriages that contain elements of fraud. The research method used is descriptive-analytic, and with a statutory approach to provide an assessment of the practices listed in court decisions and from interviews and determine the suitability of practice with applicable laws or regulations and examine the application of marriage principles. in the settlement of the case in the decision of the Bantul Religious Court. Interviews were conducted to obtain information on the legal basis and considerations of the Panel of Judges in deciding cases of marriage annulment due to fraud and to analyze them with the theories of the principles of marriage law and the theory of legal certainty. The results of this study conclude that first, the consideration of the Panel of Judges in deciding cases of marriage annulment for reasons of fraud has complied with the provisions of the legislation. Second, through this decision the judges found that the marriage did not meet the voluntary principle and the principle of consent. Third, that the decision to annul the marriage which was decided and determined by the Bantul Religious Court has a legal impact only on the status of the husband and wife who carried out the marriage and not on other parties such as children.

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