PEMBATALAN PERKAWINAN KARENA ADANYA PEMALSUAN IDENTITAS (STUDI TERHADAP PERKARA NO: 3430/Pdt.G/2021/PA.Sbg)

M. Excellino Lintang Arjuna Putra Arielly, NIM.: 20103040172 (2024) PEMBATALAN PERKAWINAN KARENA ADANYA PEMALSUAN IDENTITAS (STUDI TERHADAP PERKARA NO: 3430/Pdt.G/2021/PA.Sbg). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Regulations regarding marriage registration are clearly regulated in Article 2 paragraph (2) of Law Number 1 of 1974 concerning Marriage which reads "Every marriage is recorded according to the applicable laws and regulations". case at the Subang Religious Court as stated in decision Number 3430/Pdt.G/2021/PA.Sbg where the case describes the annulment of a marriage due to misuse of identity by another irresponsible party. The case started with a marriage between Defendant I and Defendant II where in fact Defendant I still had a wife who apparently had the status of a single person written on the marriage certificate, resulting in falsification of data. Therefore, this research aims to find out marriages that are annulled according to Law Number 1 of 1974 concerning Marriage and the legal consequences of marriages that are annulled due to falsification of identity by the Court in accordance with the Subang Religious Court Decision Case Study No: 3430/Pdt.G /2021/PA.Sbg. legal consequences of a marriage being annulled by the court based on Case Study Decision No.3430/Pdt.G/2021/PA.Sbg. This type of research is library research which is descriptive analytical in nature. The data source in this research uses secondary data consisting of: primary, secondary and tertiary legal materials. The data collection technique in this research is by studying library materials or by searching legal literature with the aim of searching, finding and analyzing legal materials. The data analysis in this research uses qualitative analysis. Then the data obtained in this research uses a normative approach. Based on the results of the research and data analysis that has been carried out, it can be concluded that the case in the decision of the Subang Religious Court No: 3430/Pdt.G/2021/PA.As the judge decided because in his consideration the defendant faked his identity which did not meet the formal requirements in get married. There are 3 legal consequences of marriage annulment that are discussed, namely for children, for property and for third persons. The child remains a legitimate child and still gets his rights as a child from his parents, regarding assets his assets are still classified as joint assets. If there is an annulment, the assets are divided in two, and finally, the third party who has good intentions does not have legal consequences that apply retroactively, so all civil actions carried out by the husband or wife before the marriage remain valid, and must be carried out so that this third party not harmed.

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