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All Journal Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Amicus Curiae
Husen, Nur Afni
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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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 Husen, Nur Afni; Setyaningsih
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, 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.
Certainty of Fulfilling the Subjective Requirements of an Agreement in the Case of PPJB; Analysis of Decision Number 697/PDT.G/2021/PN.TNG Husen, Nur Afni; Adhari, Ade
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 17 No 1 (2025): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v17i1.10155

Abstract

Ideally, the fulfillment of subjective conditions in an agreement, such as the competence of the parties and free will, serves as the basis for the legal validity of the agreement. However, in reality, as seen in Case Decision Number 697/PDT.G/2021/PN.TNG, non-formal factors such as unequal bargaining positions and emotional pressures also influence the annulment of the Sale and Purchase Agreement (PPJB). This study aims to analyze the legal certainty of fulfilling the subjective conditions of agreements and the judge's considerations in this case. A normative juridical approach was employed, analyzing the court's decision and contract law theory. The research findings indicate that while subjective conditions were formally met, the judge annulled the PPJB by considering substantive justice. Unequal bargaining positions and psychological pressures were the main reasons for the annulment. This study emphasizes that the protection of individual rights and balanced justice is the primary principle in contract annulments, surpassing the mere fulfillment of formal conditions.
Co-Authors Ade Adhari Setyaningsih