PUTRA, RIDWAN SYARIF (2021) PEMBATALAN PERKAWINAN KARENA KAWIN PAKSA ( Studi Kasus di Pengadilan Agama Purbalingga, Nomor Perkara : 0778 / Pdt.G / 2015 / PA.Pbg ). Bachelor thesis, UNIVERSITAS MUHAMMADIYAH PURWOKERTO.
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Abstract
Marriage law regulates the relationship between men and women so that it occurs honorably according to the position of humans as dignified and honorable creatures. Marriage cancellation a legal action in the form of a Court Decision stating that the marriage bond that has been carried out is invalid. The purpose of this paper is to find out the judge's legal considerations in granting a lawsuit for annulment of marriage due to coercion in Case Number: 0778/Pdt.G/2015/PA.Pbg, and to find out the legal consequences of annulment of marriage which has been decided by the judge. This legal writing uses a normative juridical method with secondary data, namely researching library materials and regulations with case and interview approaches. The results of the study indicate that the basis for the judge's legal considerations to grant a lawsuit for annulment of marriage due to the element of coercion has been fulfilled. The legal consequence of this marriage annulment is the dissolution of the marriage of the Petitioner and the Respondent and it is considered that the marriage never existed, so that the Marriage Certificate and Marriage Certificate Number: 0147/010/III/2015 have no legal force, while the status of the child remains valid. The Judge's decision has fulfilled the formal truth, but has not taken into account the material truth. Whereas the judge's decision takes into account the material and formal truths that are balanced, then the decision will actually be in accordance with the principle of fair law enforcement because the judge's decision is actually made to resolve a case or dispute within the framework of upholding law and justice by taking into account the background aspect.
Dosen Pembimbing: | Wardani, Susilo | unspecified |
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Item Type: | Thesis (Bachelor) |
Uncontrolled Keywords: | Forced Marriage, Marriage Annulment, Formal and Material Truth Balanced |
Subjects: | K Law > K Law (General) |
Divisions: | Fakultas Hukum > Ilmu Hukum S1 |
Depositing User: | Dan Kh |
Date Deposited: | 07 Jun 2022 03:06 |
Last Modified: | 19 Dec 2024 04:06 |
URI: | http://repository.ump.ac.id/id/eprint/11837 |
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