CD Skripsi

Tinjauan Hukum Terhadap Pembatalan Perkawinan Atas Dasar Perbedaan Orientasi Seksual

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In principle, a marriage can be annulled. An annulment of a marriage means that the marriage is considered non-existent or even never existed. At this time, many problems occur within the family sphere, such as situations where a couple has entered into a marriage, but one of the parties has just discovered that they have different sexual orientations or the husband/wife is a same-sex lover or bisexual. The aim of writing this decision study is to find out how judges consider in deciding cases of marriage annulment based on differences in sexual orientation and what efforts can be made to prevent and anticipate the occurrence of marriage annulments on the basis of differences in sexual orientation by considering 3 (three) decisions, the analysis will focus on 3 (three) decisions in order to gain comprehensive insight regarding the factors considered by the judge. This research is normative juridical research using an approach to legal principles.
The results of the research can be concluded that first, in the judge's consideration of these decisions, the judge considered the facts, legal interpretation, and aspects of justice in annulling marriages based on differences in sexual orientation. Decision Number 0059/Pdt.G/2018/PA.Pts was based on moral violations and fraud, while Decision Number 981/Pdt.G/PA.Btl stated that marriage annulment occurred due to different sexual orientations (homosexual). Decision Number 0877/Pdt.G/2021/PA.Krs noted the failure of reconciliation through counseling and mediation, and concluded that the Petitioner had the capacity to apply for marriage annulment. Overall, the judge's considerations were in accordance with Indonesian laws and regulations, especially Law Number 1 of 1974 concerning Marriage. Second, it is important to have prevention and anticipation to avoid marriage annulment caused by differences in sexual orientation. In Decision Number 0059/Pdt.G/2018/PA.Pts it is based on moral violations. Prevention efforts that can be taken include getting to know the prospective partner you are going to marry and strengthening legal protection. In Decision Number 981/Pdt.G/PA.Btl the efforts that can be made are to understand that marriage is an agreement or pact between a husband and wife and God and to provide educational facilities regarding legal consequences. In Decision Number 0877/Pdt.G/2021/PA.Krs, efforts that can be taken include carrying out pre-marital psychological tests under professional guidance and upholding social and family support.

Keywords: Annulment of Marriage, Differences in Sexual Orientation, Judge's Considerations

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909111780

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Perdata., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909111780

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERDATA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Vina

Versi lain/terkait

Lampiran Berkas

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