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

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PEMBATALAN PERKAWINAN YANG DALUWARSA MENURUT UNDANG-UNDANG PERKAWINAN DAN KHI (PUTUSAN NOMOR 406/PDT.G/2020/PA.BATG) Hartanti Widiastuti; Setyaningsih
Reformasi Hukum Trisakti Vol. 4 No. 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (473.206 KB) | DOI: 10.25105/refor.v4i4.14108

Abstract

A marriage may be dissolved if it does not adhere to the pillars and legal conditions, according to Article 22 of the UUP. In the Bantang Religious Court Decision Number 406/Pdt.G/2020/PA, not all requests for annulments of expired marriages are turned down.Syamsir bin H. Harsa did not adhere to Article 9 UUP, so the judge concurred. The question is whether the Judge in his decision said in the Decision Number 406/Pdt.G/2020/PA that a marriage that has been in existence for a longer period of time than specified in that decision can be dissolved. Concerning cancellation, BTG Do the Compilation of Islamic Law and Law No. 1 of 1974 both apply to marriage? Normative law research methods are descriptive and analytical. Results of the study, discussion and findings; a marriage that has been legally consummated after the deadline in this decision has passed cannot be canceled because it does not comply with Article 2 UUP because the marriage was not registered at the KUA with Article 2 UUP. Regarding the deadline for filing an annulment, the judge's ruling in this case does not follow Article 27 paragraph (3) UUP and Article 72 paragraph (3) KHI.
PEMBATALAN PERKAWINAN YANG DALUWARSA MENURUT UNDANG-UNDANG PERKAWINAN DAN KHI (PUTUSAN NOMOR 406/PDT.G/2020/PA.BATG) Hartanti Widiastuti; Setyaningsih
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14108

Abstract

A marriage may be dissolved if it does not adhere to the pillars and legal conditions, according to Article 22 of the UUP. In the Bantang Religious Court Decision Number 406/Pdt.G/2020/PA, not all requests for annulments of expired marriages are turned down.Syamsir bin H. Harsa did not adhere to Article 9 UUP, so the judge concurred. The question is whether the Judge in his decision said in the Decision Number 406/Pdt.G/2020/PA that a marriage that has been in existence for a longer period of time than specified in that decision can be dissolved. Concerning cancellation, BTG Do the Compilation of Islamic Law and Law No. 1 of 1974 both apply to marriage? Normative law research methods are descriptive and analytical. Results of the study, discussion and findings; a marriage that has been legally consummated after the deadline in this decision has passed cannot be canceled because it does not comply with Article 2 UUP because the marriage was not registered at the KUA with Article 2 UUP. Regarding the deadline for filing an annulment, the judge's ruling in this case does not follow Article 27 paragraph (3) UUP and Article 72 paragraph (3) KHI.
Co-Authors Setyaningsih