PEMBATALAN PERKAWINAN KARENA MANIPULASI DATA (STUDI PUTUSAN PENGADILAN AGAMA WONOSARI NOMOR 63/PDT.G/2023/PA.WNO)

Lilis Indah Hayati, NIM.: 20103050048 (2024) PEMBATALAN PERKAWINAN KARENA MANIPULASI DATA (STUDI PUTUSAN PENGADILAN AGAMA WONOSARI NOMOR 63/PDT.G/2023/PA.WNO). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriage is a sacred thing that is done before God and is considered valid if done according to the laws of each religion. Indonesian marriage law adheres to the principle of monogamy. However, there are various cases that do not comply with the principle of monogamy for reasons that are not justified by the law, resulting in the annulment of marriage. As in the case at the Wonosari Religious Court Number 63/Pdt.G/2023/PA.Wno, where there is a woman who marries while still married to another man. The case will be examined by the author regarding what legal consequences will result from the annulment of marriage and case Number 63/Pdt.G/2023/PA.Wno is reviewed from the perspective of legal objectives. This type of research is descriptive-analytic library research. The data sources in this study use primary, namely court decision documents and secondary data sources in the form of library materials. The data collection technique in this research is by means of literature and interviews. The data analysis in this research uses qualitative analysis. Then the data obtained in this study were analyzed using a juridical-normative approach. Based on the results of the research, it can be concluded that the annulment of marriage in case No. 63/Pdt.G/2023/PA.Wno can have legal consequences, namely, the breakup of the husband-wife relationship, the idah period that does not need to be carried out by the wife, the maintenance that does not need to be given by the husband, the absence of division of joint property, and no children in marriage. The Wonosari Religious Court has decided the case in accordance with the applicable law in line with the legal system and legal substance. Then in the decision of case No. 63/Pdt.G/2023/PA.Wno fulfills the legal objectives consisting of justice, expediency, and legal certainty. Namely justice for the parties whose marriage annulment applications have been granted in accordance with applicable regulations. In terms of benefits for the parties with clarity of status and benefits for the wider community in order to comply with regulations. And in terms of legal certainty, the Panel of Judges has decided the case in accordance with legislation and Islamic law for the sake of law enforcement and public order.

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