RAHMAWATI, LINDA (2022) TINJAUAN YURIDIS TERHADAP PERKAWINAN YANG TERHALANG MENURUT PASAL 279 KUHP (STUDI PUTUSAN NOMOR 200/Pid.B/2018/PN Pwt). S1 thesis, UNIVERSITAS MUHAMMADIYAH PURWOKERTO.
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Abstract
Polygamy without the wife's consent and without the court's permission is a crime regulated in Article 279 of the Criminal Code. The case in the decision Number 200/Pid.B/2018/PN Pwt contains marriage without permission and concealment from other parties. The purpose of this study is to identify and analyze marriages that are prevented according to Article 279 of the Criminal Code in the decision number 200/Pid.B/2018/PN Pwt, and to determine the application of the theory of legal certainty and its application. theory of justice for blocked marriages. This research is normative juridical, namely research on problems by looking at the sources of applicable laws and regulations. The results of this study indicate that the Criminal Code has provided legal certainty for polygamous marriages without the consent of a legal wife and without court permission. Decision Number 200/Pid.B/2018/PN.Pwt has fulfilled the elements in Article 279 of the Criminal Code, this is a judge's consideration in deciding a criminal case of marriage without prior permission, so that the defendant is found guilty. proven legally and convincingly in violation of Article 279 of the Criminal Code. The application of the theory of legal certainty in marriage is prevented from being fulfilled by the legal provisions that govern it and the certainty of the legal process for the perpetrators. The explanation of the theory of justice in cases of marriage that is hindered in the decision number 200/Pid.B/2018/PN Pwt is reflected in the punishment of the perpetrator by the judge by imprisonment for 2 years and 6 months.
Dosen Pembimbing: | SUSANTI, RAHTAMI | nidn0620027501 |
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Item Type: | Thesis (S1) |
Uncontrolled Keywords: | Marriage Barriers, Polygamy, Legal Certainty |
Subjects: | K Law > K Law (General) |
Divisions: | Fakultas Hukum > Ilmu Hukum S1 |
Depositing User: | wulan |
Date Deposited: | 14 Oct 2022 01:31 |
Last Modified: | 24 Dec 2024 04:21 |
URI: | http://repository.ump.ac.id/id/eprint/14408 |
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