Legal Certainty of Decision Number 719/Pdt.G/2021/PA.Pbun Concerning the Nullification of Marriage According to Islamic Syari’at

Abstract

The Religious Court, in decision No. 719/Pdt.G/2021/PA.Pbun cancelled the marriage due to identity forgery after considering various legal aspects. The purpose of this research is to find out what judges consider when they make decisions on cases. This research uses descriptive analysis methodology and a normative juridical approach, which means examining and studying laws and regulations relating to the current issue. The research also uses a qualitative juridical data analysis method to analyse data with concepts or theories without formulas. In accordance with Articles 23 and 24 of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, as well as Article 71 paragraphs (b) and (c) of Book I of the Compilation of Islamic Law, the judge has sufficient grounds to decide that the marriage can be cancelled due to factually and materially incorrect identity.