TINJAUAN YURIDIS-NORMATIF TERHADAP PEMBATALAN PERKAWINAN AKIBAT PEMALSUAN IDENTITAS (STUDI PUTUSAN NOMOR: 1004/Pdt.G/2022/PA.Pwr)

Lailatul Maghfiroh, NIM.: 19103050034 (2023) TINJAUAN YURIDIS-NORMATIF TERHADAP PEMBATALAN PERKAWINAN AKIBAT PEMALSUAN IDENTITAS (STUDI PUTUSAN NOMOR: 1004/Pdt.G/2022/PA.Pwr). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Regulations regarding the registration of marriages are clearly regulated in Article 2 paragraph (2) of Law Number 1 of 1974 concerning Marriage which reads:Every marriage is registered according to the applicable laws and regulations.Lack of public awareness of these regulations often triggers problems that arise due to noncompliance with established regulations. One of these problems is the case in the Purworejo PA Decision Number: 1004/Pdt.G/2022/PA.Pwr. The Petitioner submitted a request for the annulment of the marriage between Respondent I and Respondent II which had been registered at the relevant agency on the grounds that Respondent I was still bound by a sirri marriage with the Petitioner. Because the marriage between the Petitioner and Respondent I was not registered (sirri), it is possible for the marriage between Respondent I and Respondent II to be registered and receive legal protection, whereas in Islam the first contract is considered valid. Therefore, this study aims to find out the description of marriage cases in Decision number: 1004/Pdt.G/2022/PA.Pwr as well as juridical and normative reviews of annulment of marriages as a result of identity forgery in Decision Number: 1004/Pdt.G/2022/ PA. Pwr. This type of research is library research (library research) which is descriptiveanalytical. Sources of data in this study using primary data sources and secondary data sources. Data collection techniques in this study by means of documentation and interviews. The data analysis in this study uses qualitative analysis. Then the data obtained in this study were analyzed using a normative-juridical approach. The results of this study explained that the reason for the Panel of Judges rejecting the Petitioner's petition was because the marriage between the Petitioner and Respondent I was sirri and there was no application for confirmation of marriage and no witnesses were presented at the trial making it difficult for the Panel of Judges to assess the existence of the sirri marriage. Juridically and normatively, sirri marriage in this case is invalid, so it is not entitled to legal recognition in Indonesian marriage law, as well as children born from such marriages. On the other hand, the marriages of Respondent I and Respondent II who have met the requirements for marriage and have been registered according to laws and regulations are legal and are entitled to legal recognition in Indonesian marriage law. The legal consequences of sirri marriages are that they do not receive legal protection, the marriage becomes incomplete/perfect, the wife and children are not entitled to a living, the wife is not entitled to joint assets and polygamy/polyandry can occur.

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