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

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Journal : Amicus Curiae

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PEMBATALAN PERKAWINAN KARENA KAWIN PAKSA MENURUT HUKUM KELUARGA ISLAM DI INDONESIA : Marriage Cancellation Due To Forced Marriage According To Islamic Family Law In Indonesia Nur Afni Husen; Setyaningsih
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19642

Abstract

The Tangerang Religious Court has decided to cancel marriage due to forced marriage with Number 2801/Pdt.G/2018/PA.Tng where the husband requests to cancel the marriage because the marriage was carried out by force. The 2 (two) main issues raised are whether forced marriages can be used as a reason for annulment of marriages based on Islamic family law in Indonesia and whether the decision of the Tangerang Religious Court is in accordance with Islamic family law in Indonesia or not. The research was conducted normatively with the nature of descriptive-analytical research and drawing conclusions using deductive logic methods. Forced marriage causes disputes in the household, so it can be a reason for filing an annulment of marriage. Tangerang Religious Court Decision No. 2801/Pdt.G.2018/PA.Tng states that the marriage annulment is granted so that, in this case, the marriage annulment has fulfilled the reasons according to the provisions of Article 71 letter (f) Compilation of Islamic Law which was caused by coercion. Thus, the decision is appropriate based on a review of Islamic family law in Indonesia.
ANALISIS YURIDIS TERHADAP PENCATATAN PERKAWINAN BEDA AGAMA DITINJAU DARI HUKUM PERKAWINAN DI INDONESIA (STUDI PUTUSAN PENGADILAN NEGERI SURABAYA ANTARA RIZAL ADIKARA DAN EKA DEBORA SIDAURUK): Juridical Analysis of Interreligious Marriage Registration in View from Marriage Law in Indonesia (Study of Surabaya District Court Decisions Between Rizal Adikara and Eka Debora Sidauruk Muhammad Hafidz Ashidiqi; Setyaningsih
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19817

Abstract

Interfaith marriage is controversial in society due to the absence of regulation according to the Marriage Law.  Based on Article 2 paragraph (1) of Law No. 1 of 1974, however, in fact, there are still many interfaith marriages in society, one of which is in the decision of the Surabaya District Court.  With the study of the decision no 916/Pdt.p/2022/PN.Sby.  The 2 main issues are whether the determination of interfaith marriages can be registered according to the marriage law in force in Indonesia and whether in court decision No. 916/Pdt.P/2022/PN.Sby.Hakim who has decided to grant permission for interfaith marriages is in accordance with the rules of marriage law in Indonesia.  The research method used is a normative juridical type, with the nature of the research being descriptive and concluding using deductive logic.  Registration of marriages for interfaith marriages cannot be recorded, and the judge's decision is not by the provisions of
Co-Authors Fadhillah Balqis Dasril Fiona Khairunnisa Hartanti Widiastuti Mochammad Maldini Agustian Muhammad Hafidz Ashidiqi Nur Afni Husen Sherien Defrinanda