Journal of Law Science
Vol. 6 No. 4 (2024): October: Law Science

Legal consequences of breaking a marriage promise according to Indonesian civil law

Pongolingo, Sri Rahayu Ningsih (Unknown)



Article Info

Publish Date
30 Oct 2024

Abstract

This paper examines the legal repercussions of a broken marriage vow under Indonesian civil law, concentrating on the aggrieved party's compensation rights. This study examines the Civil Code (KUHPerdata) and judicial precedents using normative legal research methodologies. Breaking a marriage pledge does not constitute a contract, although the injured party typically seeks compensation for substantive and immaterial damages. The harmed party commonly claims compensation under Article 1365 of the Civil Code on wrongful actions and breach of contract. The research found that although Indonesian civil law allows compensation, showing tangible and immaterial damages like damaged honor is difficult. Marriage commitments are typically handwritten and hard to establish in court. However, if the aggrieved party can establish a genuine loss, the court may protect them with a substantial and flexible approach. This research also emphasizes the need to enhance marriage promise laws and clarify evidence requirements to make civil law more responsive to societal changes.

Copyrights © 2024






Journal Info

Abbrev

JLS

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law Science is a journal aims to be a peer-reviewed platform and an authoritative source of information. We publish original research papers, review articles and case studies focused on law and judiciary as well as related topics. All papers are peer-reviewed by at least one referee. JHP ...