Tinjauan Yuridis Pembatalan Perkawinan oleh Kepala Kantor Urusan Agama Menurut Hukum Indonesia (Studi Putusan: Putusan Nomor 1329/Pdt.G/2015/PA.Lpk)

Abstract

The cancellation of marriage is the breakup of the marital relationship between husband and wife after it is known that the legal requirements for marriage are not fulfilled. Cancellation of marriage is a court decision that is required by the court that the marriage has a legal flaw. This is evidenced by the non-fulfillment of requirements and pillars of marriage or the violation of provisions prohibiting marriage, one of which is in the form of falsification of identity and forgery of guardians carried out by parties who wish to carry out marriage.The problem in this study is how the factors causing the cancellation of marriage in the decision number 1329 / Pdt.G / 2015 / PA.Lpk and how the consequences of the cancellation of marriage in the decision number 1329 / Pdt.G / 2015 / PA.Lpk The research method in this paper is used, namely: Library Research, namely research conducted based on reading sources, namely Law, books, scientific research, scientific articles, mass media, and legal journals related to the material discussed in this thesis proposal. In this study contains primary data and secondary data. Field Research, namely by conducting direct research on the field. In this case, the researchers immediately conducted research into the Lubuk Pakam Religious Court. The results obtained are the factors that cause the occurrence of marital cancellation in Decision Number 1329 / Pdt.G / 2015 / PA.Lpk is due to a claim by the plaintiff to the Lubuk Pakam religious court because the Defendant I falsified the identity in filing the process registration in marriage and Defendant II Submits guardian Who is not a legal guardian (legal guardian in marriage) and the defendant is not present at the trial. The result of the cancellation of marriage in Decision Number 1329 / Pdt.G / 2015 / PA.Lpk is that the marriage which was deemed to have been broken or never existed and the parties who canceled the marriage returned to their original status because the marriage was considered never existed and the parties have no legal relationship with relatives and ex husband and wife. the position of property acquired during the marriage becomes a joint asset, while the inheritance of each as a gift or inheritance is under their respective control insofar as the parties do not determine otherwise.