Jurnal Penelitian dan Pengkajian Ilmiah
Vol. 3 No. 1 (2026): CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah, Januari 2026

Kepastian Hukum Pembatalan Perkawinan Kedua akibat Tidak Terpenuhinya Syarat Perkawinan

Fajri, Maulana (Unknown)
Chandra, Tofik Yanuar (Unknown)
Martanti, Yurisa (Unknown)



Article Info

Publish Date
30 Jan 2026

Abstract

Discussion on the legal certainty of the annulment of a second marriage due to the failure to fulfill the marriage requirements. The method used in this study is a normative juridical research type, namely library legal research or secondary data with primary, secondary and tertiary legal sources. The legal certainty of a second marriage according to the Marriage Law that does not fulfill the requirements reflects the failure of the legal norm system to be enforced consistently in accordance with the applicable normative hierarchy, thus giving rise to legal uncertainty. However, even though the marriage is null and void by law, the legal system still provides corrective space through other norms in family civil law that function to maintain the values ​​of justice and humanity. This reflects that legal certainty according to Kelsen is not merely rigid, but also considers corrective mechanisms to protect the basic rights of citizens within the applicable positive legal framework.

Copyrights © 2026






Journal Info

Abbrev

cendekia

Publisher

Subject

Humanities Computer Science & IT Economics, Econometrics & Finance Environmental Science Public Health

Description

CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah accomodates original research, or theoretical papers. We invite critical and constructive inquiries into wide range of fields of study with emphasis on interdisciplinary approaches: Humanities and Social sciences, that include: Economics, Health, ...