Pembatalan Perkawinan Akibat Kelalaian Pegawai Pencatat Nikah Studi Kasus Perkara Nomor 0559/PDT.G/2016/PA.PBR

Pasaribu, Rina Khodizah (2019) Pembatalan Perkawinan Akibat Kelalaian Pegawai Pencatat Nikah Studi Kasus Perkara Nomor 0559/PDT.G/2016/PA.PBR. Undergraduate thesis, Universitas Islam Riau.

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Abstract

he concentration of this research is to find out and study the process of settling the case against the cancellation of marriage due to negligence of the marriage registrar employee and to study and analyze the judge's legal considerations in the case of marital cancellation in accordance with the decision Number: 0559 / Pdt.G / 2016 / PA. The research was conducted at the Pekanbaru Religious Courts Agency. In addition, the authors also conducted research using data collection techniques in the form of library research, field research by conducting direct interviews with informants from relevant agencies and with parties who could provide information related to this research. The data obtained was then presented. juridically descriptive. Based on the analysis, the authors conclude a number of things, including: 1) Not only Law No. 1 of 1974, Compilation of Islamic Law also regulates everything related to marriage, in the case of the annulment of marriage which is the legal basis for article 71 (a) , (e), and (f) Compilation of Islamic Law where these laws and regulations have reinforced it, so that this marriage can be null and void by law. 2) In this case the judge gives a decision on the cancellation of marriage after examining the evidence submitted by the applicant, besides that some pillars or the legal requirements of a marriage are not fulfilled, thus the judge gives a decision to cancel the marriage of this case. but in hakin purusan with number 0559 / Pdt.G / 2016 / PA.Pbr does not contain the status of children, the rights of the wife and the distribution of joint assets from the marriage which is cited in accordance with the provisions of Article 28 paragraph (2a) of Law No. 1 of 1974 the decision to cancel marriages does not apply retroactively to children born from the marriage. While the wife's rights and joint assets are in accordance with Article 28 paragraph (2) point (b) of Law No. 1 of 1974, namely the principle of not getting a living iddah and shared assets obtained during the marriage period will be divided between the two institutions and the husband. The marriage registration officer is proven to have committed a violation of the marriage law so sanctions in the form of imprisonment for a maximum of three (3) nulan or a maximum fine of Rp. 7,500.00 (seven thousand five hundred rupees) witnesses to marriage law, either in the form of confinement or fine determined by the judge . And the marriage registrar employee can be prosecuted on charges of participating in falsifying the letter as determined in Article 266 of the Criminal Code by threatening a sentence of imprisonment for a period of seven years.

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