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Banjarnahor, Jupri Wandy
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Law, Crime, Criminology & Criminal Justice

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CANCELLATION OF MARRIAGE AND ITS LEGAL CONSEQUENCES IN THE LEGAL SYSTEM IN INDONESIA Karina, Ica; Banjarnahor, Jupri Wandy
ANAYASA : Journal of Legal Studies Vol. 1 No. 1 (2023): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v1i1.99

Abstract

The aim of this research is to determine the legal regulations regarding marriage annulment in Indonesia and the legal consequences of marriage annulment. This type of research is normative research, namely a legal research method carried out by examining library materials with the data used being secondary data. Data collection was carried out by studying legal regulations regarding marriage annulment, by identifying regulations regulated in law regarding the causes of marriage annulment, as well as conducting a literature search relating to statutory regulations and problems.  The results of the research show that the regulation of marriage annulment in Indonesia is regulated in the Marriage Law, which states that a marriage can be annulled if the parties do not fulfill the requirements for carrying out the marriage. The conditions referred to are material requirements and formal marriage requirements. The material conditions of marriage are conditions that are inherent in the parties who will enter into marriage. Formal requirements for marriage regulate the procedures for marriage.The legal consequence of an annulment of marriage, namely for husband and wife, is the termination of the relationship between husband and wife. With respect to children, the decision to annul a marriage does not apply retroactively as stated in Article 28 paragraph 2 point a of the Marriage Law. Children born from annulled marriages remain as legitimate children. In this way, the child remains the responsibility of both parties. For joint assets in a marriage that has been annulled, the division of joint assets is in accordance with the division of joint assets due to divorce as regulated in Article 37 of the Joint Property Law.
DOMESTIC VIOLENCE PERMITTED BY HUSBAND AGAINST WIFE FROM A CRIMINOLOGICAL PERSPECTIVE Karina, Ica; Banjarnahor, Jupri Wandy
ANAYASA : Journal of Legal Studies Vol. 1 No. 2 (2024): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v1i2.100

Abstract

From a perspective, this study aims to ascertain the causes of husbands' violence against wives and attempts to stop such violent acts. The data used to answer the problems in this research was obtained through a literature study by reading, quoting, studying, and reviewing existing literature or materials, as well as laws and regulations related to the problems studied. The research results show that the factors causing violence perpetrated by husbands against their wives are economic factors, partner behavioural factors, and psychological factors. Economic factors are the things that most often trigger domestic violence. This starts with the husband's duty, which should not only fulfil basic needs but also other needs that must be met. Environmental factors, namely the place and social environment, sometimes bring their own colour to a person's life. Psychology is one of the causes of domestic violence because the psychological condition of a wife is different and can also determine the size of the actions taken. Efforts made to overcome violence perpetrated by husbands against wives are preventive, curative, and medical. Preventive measures are social control measures carried out to prevent or reduce the possibility of undesirable things occurring in the future. Curative efforts are efforts to overcome domestic violence or actions taken to treat victims in an integrated manner. Medical efforts are efforts to overcome domestic violence by providing the services of a health worker again to undergo.
Co-Authors Ica Karina