Legal Analysis of the Cancellation of Marriage Due to Forgery of Documents (Analysis of Decision No 200/Pdt.G/2024/Pa.Bji)

Abstract

To carry out a marriage, the requirements set by religion must be met, as well as the requirements determined by marriage law. If the marriage has been carried out but does not meet the specified requirements, then an annulment of the marriage can be filed. Based on law number 16 of 2019 concerning amendments to law number 1 of 1974 concerning marriage article 22 and the compilation of islamic law (KHI) in article 70, the breaking of the marriage bond can also be possible because of marriage or with the meaning of annulment of marriage, where the annulment of marriage is caused by a violation or prohibition of marriage, while the prohibition is to show damage, or something that is prohibited such as not meeting the requirements and pillars of marriage in household harmony. This study uses a normative juridical legal research method, namely a problem approach by examining and reviewing applicable and competent laws and regulations to be used as a basis for solving problems. one of the cases of annulment of marriage at the binjai religious court with n number 200/Pdt.G/2024/Pa.Bji. In this case, the husband as the applicant filed a request for annulment of marriage because the wife had previously been secretly married to another man and had 1 (one) child. Based on the legal analysis of the decision of the south jakarta religious court, the panel of judges in deciding case number: 200/Pdt.G/2024/Pa.Bji. Regarding the annulment of marriage due to falsification of identity in the decision, the panel of judges accepted the applicant's request. This research is normative juridical, namely examining the process of proof and legal considerations used by the judge.