AKIBAT HUKUM PEMBATALAN PERKAWINAN DI PENGADILAN AGAMA KABUPATEN TULUNGAGUNG (Studi Perkara No : 0554/PDT.G/2009/PA.TA dan Perkara No : 0845/PDT.G/2010/PA.TA)
Journal Title: Diversi Jurnal Hukum - Year 2016, Vol 2, Issue 1
Abstract
The cancellation of the marriage begins after the Court's decision has binding legal force and effect since the time of the marriage. The decision to revoke the marriage does not apply retroactively to the children born of the marriage. Act No. 1 of 1974 Article 22 on Marriage states that marriage annulment can be done, if the parties do not qualify into marriage means that marriage is prohibited if not meeting the requirements of marriage and marriage can be canceled. The reality in the society there are still people who are performing marriages when there are conditions that are not fulfilled or there are prohibitions have been violated as a marriage annulment cases occurred in the Religious Court in Tulungagung, in case Number : 0554 /Pdt. G/ 2009 / PA.TA in this case the applicant who serves as his wife reported her husband to the lawsuit marriage because it alleged that between them they have no blood ties that the defendant is the little brother of the father Bulik applicant or applicants who are forbidden to marry by Sya r'i and Legal OF . Further than this marriage itself had been born a boy and also acquired the joint property in the form of vehicles, household furniture, and some money. The court in this case has decided to grant the request for the applicant to make a decision in the form of cancellation of marriage. In the second case, the cancellation of marriage occurs in case Number: 0845 / Pdt.G / 2010 / PA.TA. In the case of an applicant who works as a maid servant marriage registrar to apply for annulment of marriage to couples who were suspected of committing the practice of polyandry, in which the wife is known to still married to another man before. Further than this marriage itself had been born a girl and also acquired the joint property in the form of a sum of money. After checking the case the court decided to grant the petition of the applicant to make a decision in the form of cancellation of marriage. This ruling brings legal consequences against the husband and wife whose marriage was canceled covering their legal status, legal status of children, and the status of property obtained during marriage after a court decision on the cancellation of the marriage. The problems that arise are the Marriage Law and the Compilation of Islamic Law does not regulate explicitly on the legal status as a result of the cancellation of the marriage related about the legal status of husband and wife whose marriage is canceled, the legal status of child care and the legal status of property obtained during marriage after the entry into force of a court decision on the cancellation of the marriage.
Authors and Affiliations
A. Hasyim Nawawie
Keywords
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