ANALISA YURIDIS PUTUSAN PENGADILAN NEGERI MAKASSAR NOMOR: 82/PDT.G/2014/PN.MKS. TERKAIT PEMBATALAN PERNIKAHAN SECARA SEPIHAK
| Main Author: | Lestari, Rizki Indah |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2018
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/38926/1/Pendahuluan.pdf http://eprints.umm.ac.id/38926/2/BAB%20I.pdf http://eprints.umm.ac.id/38926/3/BAB%20II.pdf http://eprints.umm.ac.id/38926/4/BAB%20III.pdf http://eprints.umm.ac.id/38926/5/BAB%20IV.pdf http://eprints.umm.ac.id/38926/6/LAMPIRAN.pdf http://eprints.umm.ac.id/38926/ |
Daftar Isi:
- Unilateral marriage cancellation is a fatal act, because it is related to self-esteem, and the dignity of the party concerned. Makassar District Court Decision Number 82 / Pdt.G / 2014 / PN.MKS decides unilateral marriage cancellation acts as an act of default. Whereas in jurisprudence based on Arrest Hoge Raad 1919 in Decision of the Supreme Court number 3277/K/Pdt/2000 jo. Jurisprudence of the Supreme Court Number 3191/K/Pdt/1987 declare as a Work Against the Law. This research takes the formulation of the problem how the judges consideration in the Decision of Makassar District Court. 82/Pdt.G/2014/PN.MKS decides the unlawful act of cancellation of marriage as an act of default, and how the Decision of the Makassar District Court Decision No. 82 / Pdt.G / 2014 / PN.MKS seen from the aspect of justice, legal certainty, and expediency. This study uses a normative juridical approach, primary legal materials obtained from legislation and secondary legal materials from law books, legal journals, and previous research results related issues raised, analyzed in a systematic description. Based on the results of the analysis of the author, the judge's consideration in the decision saw from the point of view of an agreement between the two parties (1320 BW), the judge should base on Article 1365 BW on Unlawful Acts because they violate decency and decency in society, the decision has not fulfilled the aspects of justice, legal certainty and benefits. Suggestions, judges are more careful in reviewing the sources of law, and need a concrete legal basis related to Unilateral Marriage Cancellation.