CD Skripsi

Kajian Hukum Terhadap Pembatalan Perkawinan Akibat Pemalsuan Akta Cerai Istri (Studi Putusan Nomor 1831/Pdt.G/2019/Pa.Pbr)

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A marriage can be annulled if the conditions are not met. One of the reasons for an annulment of a marriage is the presence of a woman who has entered into a polygamous marriage and forged a divorce certificate for the marriage. This is regulated in Article 27, paragraph 2 of the Marriage Law as it has an element of fraud. Similarly, the Islamic Code regulates the law on the annulment of marriage on the grounds of an element of fraud in Article 72, paragraph 2. This element of fraud is the forgery of identity documents in the form of a divorce certificate. This study discusses the judge's reasons for annulment of marriage in Judgment No 1831/Pdt.G/2019/PA.Pbr and the impact of annulment of marriage in Judgment No 1831/Pdt.G/2019/PA.Pbr. The purpose of this study is to clarify the reasons that judges consider when making decisions in cases of annulment of marriage and the legal impact of annulment of marriage.
The type of research used by the researcher is sociological legal research. The research is taken place in Class 1A Religious Court in Pekanbaru, Jalan Datuk Setia Maharaja/Parit Indah Number I, Tangkerang Labuai Village, Bukitraya District, Pekanbaru City, Riau Province and the population and sample are relevant to the problem under study. This study utilizes primary data sources in the form of primary and secondary data and employs data collection techniques based on literature review and interviews with Mr. Drs. M. Taufik, M.H. and Mr. Syofian.
There are two things that can be concluded from this research. Firstly, the judge's reasons for deciding this case were that a woman was still tied to another man before starting a new marriage and the falsification of the divorce certificate which caused misunderstanding of the wife's identity. Second, the legal consequences that arise are the dissolution of the marriage which causes the parties to return to their original status and the loss of legal force of the wife's fake divorce certificate. This research found that this decision affected legal certainty for the parties. Through analysis of decision No. 1831/Pdt.G/2019/PA.Pbr, it provides legal certainty that the marriage is annulled and considered to have never existed and the wife's status as a widow in the divorce certificate is also considered fake and has no legal force.


Keywords: Annulment of marriage, divorce certificate, falsification

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

17091104767

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Perdata., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

17091104767

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

Zenny

Versi lain/terkait

Lampiran Berkas

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