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All Journal al-Afkar, Journal For Islamic Studies Indonesian Cyber Law Review
Muhammad Nur Hussein Wahyudin
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Ratio Decidendi of Judge's Decision in Marriage Annulment Case: Antinomy between Justice and Legal Certainty in Depok Religious Court Uu Lukmanul Hakim; Muhammad Nur Hussein Wahyudin; Charles Sugiarto Sitorus; Yeni Nuraeni; Lasmin Alfies Sihombing
al-Afkar, Journal For Islamic Studies Vol. 8 No. 2 (2025)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v8i2.2256

Abstract

In this article, the author will analyze the ratio decidendi of the judge's decision in the case of marriage annulment which shows the existence of an antinomy between Justice and Legal Certainty based on decision Number 3617/Pdt.G/2021PA. Dpk, decision Number 36/Pdt.G/2022/PTA. Bdg and decision Number 811 K/Ag/2022. The results of the study show that in marriage annulment cases, the panel of judges of first instance, the panel of appellate judges and the panel of cassation have different ratios decidendi in their legal considerations, so that from the three decisions there is an antinomy (contradiction) between justice and certainty. The panel of judges of the first instance, which considers one legal fact, but ignores other legal facts, causes the lack of legal certainty. The Appellate Panel considered that Article 27 paragraph (3) of Law Number 1 of 1974 had fulfilled legal certainty, but ignored other legal facts so as to ignore the values of justice. On the other hand, the Cassation Panel in its ratio decidendi decision has considered various legal facts, both formally and materially, so that it has considered two legal ideals, namely justice and legal certainty in a proportionate and balanced manner.  
Ratio Decidendi Judge's Decision in Case Cancellation Marriage : Antinomy between Justice and Legal Certainty at the Cibinong Religious Court Muhammad Nur Hussein Wahyudin; Hakim, Uu Lukmanul; Sitorus, Charles Sugiarto; Mahipal, Mahipal; Asrun, Andi Muhammad
Indonesian Cyber Law Review Vol. 2 No. 2 (2025): Indonesian Cyber Law Review
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/iclr.v2i2.20

Abstract

Marriage annulment cases in Indonesia often reveal a fundamental tension between the principles of legal certainty and substantive justice, particularly in religious courts where statutory norms intersect with moral and cultural values. This study focuses on the annulment case Number 7584/Pdt.G/2021/PA.Cbn at the Cibinong Religious Court, where the judge’s decision prioritized a strict textual interpretation of the law, emphasizing legal certainty while potentially overlooking the moral and social harm experienced by the plaintiff. The purpose of this research is to analyze the ratio decidendi underlying the decision, examining how the balance between justice and legal certainty is operationalized in judicial practice. Using a juridical-normative approach, this study draws on statutory, conceptual, and case-based analyses supported by primary and secondary legal materials, including court decisions and relevant literature. The findings indicate that the court’s reasoning reflects a firm adherence to positive law, defining fraud narrowly in line with the Marriage Law and the Compilation of Islamic Law, and excluding failure to fulfill a dowry promise as a ground for annulment. While this ensures consistency, it limits judicial flexibility to address substantive justice. The implications of this study are twofold: first, it underscores the need for progressive interpretive methods, such as hermeneutic and teleological reasoning, to harmonize legal certainty with justice; second, it provides practical recommendations for judicial training, legislative reform, and scholarly frameworks that integrate maqasid al-shariah with positive law to guide future decisions.
Co-Authors Asrun, Andi Muhammad Charles Sugiarto Sitorus Hakim, Uu Lukmanul Mahipal Sihombing, L. Alfies Sitorus, Charles Sugiarto Uu Lukmanul Hakim Yeni Nuraeni