Marriage Cancellation According to Positive and Religious Law in the Perspective of Protection of Children and Women

Abstract

This article examines the legal consequences of annulment of marriage from positive law and religious law in Indonesia. The method used is normative legal research using statutory, comparative, and case approaches. The results show that marriage annulment creates legal consequences for children, assets, and third parties. Regarding the legal consequences for children, it has been regulated in Article 28 paragraph (2) of the Marriage Law and Article 75 (b) KHI for the benefit or benefit of the child where in an annulment of a marriage, the law does not retroactively apply to children. As for the division of assets, in this case, the original/innate assets of the parties must be returned to the original/original owner. Furthermore, for third parties who have a good faith, the legal consequences of the annulment of marriage do not apply retroactively, so civil acts committed by the husband/wife before the annulment of the marriage remain valid. They must be resolved by the husband/wife so that the third party is not harmed. 2. There are several differences regarding the causes of marriage annulment, one of which is contained in article 71 KHI, namely being able to practice polygamy without permission from the Religious Court. Marriage law regulations in Indonesia prohibit polygamy without the permission of the Religious Courts because the principle of marriage in Indonesia adheres to the principle of monogamy. The Religious Courts will only grant polygamy permission to someone if they meet the requirements to practice it. They are implementing marriage annulment No.1022/Pdt.G/2018/PA.Smd at the Samarinda Religious Court is by applicable laws and regulations. The Religious Courts will only grant polygamy permission to someone if they meet the requirements to practice it. They are implementing marriage annulment No.1022/Pdt.G/2018/PA.Smd at the Samarinda Religious Court is in accordance with applicable laws and regulations. The Religious Courts will only grant polygamy p