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All Journal An-nisa: Journal of Islamic Family Law
Hanas, Azwar
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Religion Law, Crime, Criminology & Criminal Justice Other

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Pembatalan Perkawinan dalam Sistem Hukum Indonesia: Analisis Regulasi, Faktor Penyebab, dan Dampaknya Andro Foza, Yerry; Suyatna , Enang; suhibbullah, suhibbullah; Tahsin , Rizal; Hanas, Azwar
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 2 (2025): Juni
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i2.207

Abstract

Marriage annulment is a legal measure taken to declare a marriage invalid and considered never to have occurred. In Indonesia, marriage annulment is regulated under Law Number 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI). This study aims to analyze the factors leading to marriage annulment, the applicable legal procedures, and its impact on the parties involved, including the husband, wife, children, and shared assets. Based on legal analysis and case studies, the main causes of marriage annulment include improper marriage guardianship, violations of marriage procedures, and polygamous marriages conducted without the consent of the first wife and without court approval. Court rulings on marriage annulments have far-reaching legal implications, including the nullification of marital status, legal protection for children, and the division of shared assets. This study concludes that although regulations regarding marriage annulment are clearly defined, challenges remain in their implementation, particularly in law enforcement and public awareness of legal marriage requirements. Therefore, strengthening regulations, enhancing judicial oversight, and increasing legal education for the public are necessary to ensure that all marriages comply with the prevailing legal provisions.
Co-Authors Andro Foza, Yerry suhibbullah, suhibbullah Suyatna , Enang Tahsin , Rizal