PEMBATALAN PERKAWINAN MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN (Analisis Putusan Nomor : 0384/Pdt.G/2010/PA.Bn)

Djunita Putri, Dewi and Edityawarmn, Edityawarmn and Adi, Bastian Salam (2013) PEMBATALAN PERKAWINAN MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN (Analisis Putusan Nomor : 0384/Pdt.G/2010/PA.Bn). Undergraduated thesis, Fakultas Hukum, UNIB.

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Abstract

In everyday life it turns out there are events nuptials , especially in the city of Bengkulu ,which has been submitted to the Class IA Bengkulu religious court , to get justice for what was done , one of which is the decision of Nullity Bengkulu religious court No. : 0384 / Pdt.G/2010/PA.Bn., a marriage annulment case because his wife did polyandry marriage .That is because his wife has not cut ties with former husband legally in the eyes of the laws of Indonesia. The forbidden marriage interesting authors to examine how verification is done by judges and judgments are to be used by the judge in deciding the case the marriage annulment. This study aims to determine the juridical analysis of the panel of judges in decisions nuptials in Decision Number : 0384/Pdt.G/2010/PA.Bn ., And to determine the legal effect of the cancellation of the marriage , the husband and wife and children . The method used in this thesis is a normative juridical approach is to examine legislation and other legal materials relating to the issues raised . After legal materials in the form of secondary data is collected by studying the documentation and other legal literature search then further data is processed first by editing the data and then performed a qualitative analysis . Based on the research that the cancellation is caused by the first marriage ,annulment of marriage were implemented because of the element of coercion on the part of Defendant II , in which the second defendant violated the provisions of Article 27 of the Marriage Act , which is the marriage because of the element of coercion or under threat . Second , due to the cancellation of the marriage status of identity fraud in violation of the provisions of the Defendant I Article 22 and Article 24 Marriage Act and Article 71 point (a ) Compilation of Islamic Law. That the legal consequences of marriage annulment with the legal consequences of divorce , the marital bond breaking or bond between the inner and outer both parties (husband and wife) , and did not decide the marital relationship on their children when they are having a child , so they should remain ensure their children's lives , when they are very young children ( under dependents if there are children).

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