<![CDATA[In judicial practice, marriage annulment is determined by material and formal conditions, including the statute of limitations. Problems arise when biological children who have legal standing, their lawsuit is still not accepted due to the statute of limitations and formal defects. This study aims to analyze the regulation of the statute of limitations as a formal requirement in a lawsuit for the annulment of a polygamous marriage without permission by biological children, its application in the Medan District Court Decision No. 617/Pdt.G/2025/PA.Mdn, and assess it through Gustav Radbruch's Theory of Legal Purpose. This normative juridical research uses a statutory and case approach with qualitative analysis of legal materials in the literature. The results of the study show that the statute of limitations is regulated in Article 27 paragraph (3) of the Marriage Law, Article 72 paragraph (3) of the Compilation of Islamic Law, and SEMA No. 2 of 2024. The judge acknowledged the legal standing of biological children, but the lawsuit was declared inadmissible due to the statute of limitations, lack of parties, and the marriage having ended due to death. Exceptions related to the element of not acting in good faith in SEMA No. The provisions of Law No. 2 of 2024 and the initial parameters for calculating the statute of limitations for biological children have not been adequately studied, so their application still relies on judicial interpretation. Based on Gustav Radbruch's Theory of Legal Objectives, the decision emphasizes legal certainty over justice and expediency. This study concludes that there is a need for clarity regarding the initial calculation of the statute of limitations and a more comprehensive application of the exceptions in SEMA No. 2 of 2024 to achieve legal objectives in a balanced manner.]]>
Copyrights © 2026
