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All Journal Reformasi Hukum Trisakti
Setyaningsih Setyaningsih
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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DITOLAKNYA GUGATAN PERCERAIAN KARENA TIDAK ADANYA SURAT IZIN PERCERAIAN PEGAWAI NEGERI SIPIL Amelia Chandra Utami; Setyaningsih Setyaningsih
Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (270.362 KB) | DOI: 10.25105/refor.v3i2.13448

Abstract

Article 1 of the 1974 Law regulates the sacredness of a marriage and a lifelong bond between the two. Article 38 of the UUP explains that marriages can be dissolved due to divorce and court decisions. But not all divorce requests were granted by the court. In the Sidoarjo District Court Decision 158/Pdt.G/2020/PN.Sda, The Judge rejected the dissolving of the marriage between the two doctors who had status as civil servants because there was no divorce permit from the superior which should be attached in the documents as proof. The main issues are: 1) Was the absence of a divorce permit from the superior is the reason for dissolving of the marriage, 2) What were the judge's considerations in rejecting the dissolving of the marriage between Dr. SpOG (K) and Dr. Yz.
PEMBATALAN PERKAWINAN AKIBAT WALI NIKAH TIDAK SAH Saarah Faadhilah; Setyaningsih Setyaningsih
Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (199.155 KB) | DOI: 10.25105/refor.v4i2.13603

Abstract

Humans usually have the desire to have a life partner and offspring, one way to make this happen is through marriage. In carrying out a marriage, sometimes unwanted things occur, to overcome them, one can do this, namely by submitting an application for annulment of the marriage to the court. Therefore, this issue is raised to answer the main issues, 1) What are the legal consequences for the cancellation of marriages due to illegal marriage guardians according to the laws and regulations in Indonesia? 2) Does the content of the judge's legal considerations in the Decision of the Central Jakarta Religious Court Number 193/Pdt.G/2019/Pa.JP comply with the laws and regulations in Indonesia? So this research was conducted normatively. The nature of the analytical descriptive research. How to draw conclusions with deductive logic. With data management, namely qualitative. The results of this study with reference to Article 28 of Law no. 1 of 1974 concerning Marriage jo. Article 75 Compilation of Islamic Law.
DITOLAKNYA GUGATAN PERCERAIAN KARENA TIDAK ADANYA SURAT IZIN PERCERAIAN PEGAWAI NEGERI SIPIL Amelia Chandra Utami; Setyaningsih Setyaningsih
Reformasi Hukum Trisakti Vol 3 No 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i2.13448

Abstract

Article 1 of the 1974 Law regulates the sacredness of a marriage and a lifelong bond between the two. Article 38 of the UUP explains that marriages can be dissolved due to divorce and court decisions. But not all divorce requests were granted by the court. In the Sidoarjo District Court Decision 158/Pdt.G/2020/PN.Sda, The Judge rejected the dissolving of the marriage between the two doctors who had status as civil servants because there was no divorce permit from the superior which should be attached in the documents as proof. The main issues are: 1) Was the absence of a divorce permit from the superior is the reason for dissolving of the marriage, 2) What were the judge's considerations in rejecting the dissolving of the marriage between Dr. SpOG (K) and Dr. Yz.
PEMBATALAN PERKAWINAN AKIBAT WALI NIKAH TIDAK SAH Saarah Faadhilah; Setyaningsih Setyaningsih
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13603

Abstract

Humans usually have the desire to have a life partner and offspring, one way to make this happen is through marriage. In carrying out a marriage, sometimes unwanted things occur, to overcome them, one can do this, namely by submitting an application for annulment of the marriage to the court. Therefore, this issue is raised to answer the main issues, 1) What are the legal consequences for the cancellation of marriages due to illegal marriage guardians according to the laws and regulations in Indonesia? 2) Does the content of the judge's legal considerations in the Decision of the Central Jakarta Religious Court Number 193/Pdt.G/2019/Pa.JP comply with the laws and regulations in Indonesia? So this research was conducted normatively. The nature of the analytical descriptive research. How to draw conclusions with deductive logic. With data management, namely qualitative. The results of this study with reference to Article 28 of Law no. 1 of 1974 concerning Marriage jo. Article 75 Compilation of Islamic Law.
Co-Authors Amelia Chandra Utami Saarah Faadhilah