Skripsi

PEMBATALAN PERKAWINAN SEBAB ADANYA HUBUNGAN SEPERSUSUAN DAN KEDUDUKAN ANAK AKIBAT PEMBATALAN PERKAWINAN(STUDI PUTUSAN PA TEMBILAHAN 468/PDT.G/2023/PA.TBH)

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The vision of marriage is to unite a man and a woman before God Almighty as husband and wife, creating a sacred bond that will last a lifetime and bring happiness to their family. However, not every marriage is legally valid. Based on Article 70 of the Compilation of Islamic Law (KHI) and Law No. 1 of 1974 concerning Marriage, one of the grounds for dissolving a marriage is the existence of a relationship between husband and wife. The purpose of this study is to examine decision No. 468/Pdt.G/2023/PA. Tbh, concerning the annulment of a marriage by the Tembilahan Religious Court. There are three main approaches in this type of normative juridical research: legislative, conceptual, and case studies. The approach to reaching conclusions is based on deduction. Because it conflicts with the material needs of marriage, the findings of this study show that annulment of a marriage due to a custodial relationship has heavy legal weight. An annulled marriage does not change the fact that children born from that marriage are still legally recognized as legitimate children of both parents. Article 75 KHI and Article 28 paragraph (2) of the Marriage Law both state that the decision to annul a marriage does not apply retroactively to children born from the marriage, in line with the concept of child protection. The stipulation guarantees children's rights, including the rights to support, maintenance (hadhanah), and inheritance. Thus, the annulment of a marriage due to consanguineous relations does not eliminate the parents' responsibility towards the child, either in terms of support or maintenance.

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Detail Information

Series Title

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Call Number

T1946912026

Publisher

Indralaya : Prodi Ilmu Hukum, Fakultas Hukum Universitas Sriwijaya., 2026

Collation

xv, 149 hlm.; ilus.; tab.; 29 cm.

Language

Indonesia

ISBN/ISSN

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Classification

297.577 07

Content Type

Text

Media Type

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Carrier Type

-

Edition

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Subject(s)

Hukum Perkawinan Islam
Prodi Ilmu Hukum

Specific Detail Info

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Statement of Responsibility

TUTI

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