Hukum dan Demokrasi (HD)
Vol 24 No 4 (2024): Hukum dan Demokrasi (HD)

Kajian Hukum Pembatalan Putusan Pengadilan Agama tentang Perkawinan yang Dilakukan dengan Tipu Muslihat : Berdasarkan Pasal 71 Huruf (F) Kompilasi Hukum Islam (Perkara No. 3617/Pdt.G/2021/ Pa.Dpk)

Ruslaini Ruslaini (Sekolah Tinggi Ilmu Hukum Profesor Gayus Lumbuun)
Zaenal Arifin (Sekolah Tinggi Ilmu Hukum Profesor Gayus Lumbuun)
Luthfi Gozali (Sekolah Tinggi Ilmu Hukum Profesor Gayus Lumbuun)



Article Info

Publish Date
29 Jul 2024

Abstract

On September 22 2019 the Petitioner was proposed by Respondent I to be made his wife and plans for his contract in March 2020. However, with the deception carried out by Respondent I and his family to the Petitioner, the Marriage Book Quotation was published Number: 908.67.XII.2019. date, 13 December 2019 issued by Respondent II without the knowledge of the Petitioner as a prospective bride. Because on that day the Petitioner and his mother as well as his two siblings were invited to Mr. De''s house from Respondent I for a family friendly event as well as visiting his Mrs. De' who was ill. Marriage Book Number: 908.67.XI1.2019 dated 13 December 2019 issued by Respondent II, who has never lived in the same house as a husband and wife and the condition of the Petitioner's virginity is still a virgin. Oh, because it's based on Law no. 1 of 1974 regarding Marriage Oo. Book I Compilation of Islamic Law, the Petitioner still has the right to submit the Petitioner in the case aquo; based on these considerations, it can be concluded that there has been a legal mention for the Petitioner to annul the marriage with the Respondent as intended by the elucidation of Article 71 letter (f) of the Compilation of Islamic Law that a marriage can be annulled if the marriage is carried out by coercion Tries, Grants the Petitioner's request ; Canceled the marriage of the Petitioner and the Respondent which was carried out on December 13 2019 with the excerpt of the Marriage Certificate Number 908/67/XM/2019 dated December 13 2019 issued by the District Office of Religious Affairs xxxx xxxx xxxxx; Declare that the Quote of the Marriage Certificate Number 908/67/XI1/2019 dated 13 December 2019 issued by the Office of Religious Affairs of the District of xxxx xxxx xxxxx has no legal force; Charge the Petitioner to pay the costs of this case in the amount of Rp. 380,000,000 (three hundred and eighty thousand rupiah) Keywords: Law of Cancellation of Religious Court Decisions, Marriage

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Journal Info

Abbrev

jhd

Publisher

Subject

Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Hukum dan Demokrasi (HD) adalah Jurnal ilmiah dengan fokus dan skop ilmu hukum, hukum pidana, hukum perdata, politik dan demokrasi, hukum bisnis dan hukum lingkungan. Diterbitkan oleh Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun. Jurnal ini diterbitkan empat kali dalam satu tahun yaitu pada ...