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Cancellation of Marriage due to Negligence and Legal Consequences (Case Study on the Decision of the Pandeglang Religious Court, Banten No. 84/Pdt.G/2013/PA.Pdlg)

Samarah: Jurnal Hukum Keluarga dan Hukum Islam · Vol. 6 No. 1 (2022) · pp. 493–513

DOI
10.22373/sjhk.v6i1.10230
ISSN
2549-3167, 2549-3132
Published
2022-06-27
Publisher
Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry
Language
eng

Abstract

According to the Marriage Law, a person who will get married must meet the requirements and marriage principles as stipulated in their respective religions and beliefs as well as the administrative requirements. However, sometimes marriage registration process is not fully fulfilled, which then leads to the cancellation of the marriage. Marriage annulment is the cancellation of a husband and wife relationship after the marriage contract is held. The cancellation process may be carried out by the religious court if the parties do not meet the requirements to carry out the marriage, as stated in Article 22 of Law no. 1 of 1974 concerning marriage. This study will analyze the decision to annul the marriage and its legal consequences at the Pandeglang Religious Court. The research used content analysis, which is to analyze descriptively the content of court decisions with a normative approach. The results of this study are that the panel of judges granted the application for annulment of marriage with legal considerations and the existence of obstacles to marriage because it was contrary to the principle of marriage itself, namely the principle of monogamy. The reason was the Petitioner's negligence and the manipulation of Respondent I and Respondent II in attaching the administrative requirements of their marriage, in which the marriage occurred when Respondent I still had a legal wife. The annulment of the marriage leads to legal consequences for the child, and the assets possed during the marriage, as well as third parties. Thus, the annulment of marriage does not have a retroactive effect on the position of the child and third parties.

Keywords

Collaboration network of the authors

40 authors · 77 co-authorship links · 2 across different organisations · showing the 40 most connected

Hover or tap a name to highlight its co-authors. Double-click to open the author's page.

  • Universitas Gadjah Mada
  • Universitas Halu Oleo
  • Universitas Muhammadiyah Kendari
  • Universitas Ahmad Dahlan
  • Universitas Negeri Surabaya
  • Affiliation unknown
  • Different organisations
  • Same organisation
  • Affiliation unknown
  • Thicker line = more joint articles · bigger circle = more articles
Show as table
Co-authorOrganisationJoint articles
Emi Prasetyawati UmarAffiliation unknown6
Maria MariaUniversitas Halu Oleo4
Muhammad Fawzy Ismullah MassinaiAffiliation unknown2
Aryadi NurfalaqAffiliation unknown2
Hamriani RykaAffiliation unknown2
Sukma Hayati HakimAffiliation unknown2
Fendria SativaAffiliation unknown2
HERMAN HERMANUniversitas Ahmad Dahlan2
Yuliani YulianiUniversitas Negeri Surabaya2
Edi WinarkoUniversitas Gadjah Mada1
Khabis MustofaAffiliation unknown1
Indria HafizahAffiliation unknown1
Juminten SaiminAffiliation unknown1
Satrio WicaksonoAffiliation unknown1
Ashaeryanto AshaeryantoAffiliation unknown1
Wa Ode Sitti MusninaAffiliation unknown1
Yonelian YuyunAffiliation unknown1
M. Sulaiman ZubairAffiliation unknown1
Ritha PratiwiAffiliation unknown1
Budi BudiAffiliation unknown1
Dina FitrianaAffiliation unknown1
Hilma YuniarAffiliation unknown1
Fitriyani FitriyaniAffiliation unknown1
Warno WarnoAffiliation unknown1
Darman DarmanUniversitas Muhammadiyah Kendari1
Irwan GaniAffiliation unknown1
Suyuti SuyutiAffiliation unknown1
Muh JafarAffiliation unknown1
Musriady MusriadyAffiliation unknown1
Ahmad Rif'an Khoirul LisanAffiliation unknown1
Hamdi MayuluAffiliation unknown1
Roosena YusufAffiliation unknown1
Romuald SohoresAffiliation unknown1
Erfan SyamsuddinAffiliation unknown1
Septian Tri NugrahaAffiliation unknown1

Affiliations come from OpenAlex; journal OAI-PMH metadata carries none. Authors without an OpenAlex ID are matched by name, which can merge or split people.

Metadata source: OAI-PMH (metadata jurnal) https://jurnal.ar-raniry.ac.id/index.php/samarah/oai, first harvested 7 Nov 2026, last seen 7 Nov 2026.
Original metadata (oai_dc) 
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	<dc:title xml:lang="en">Cancellation of Marriage due to Negligence and Legal Consequences (Case Study on the Decision of the Pandeglang Religious Court, Banten No. 84/Pdt.G/2013/PA.Pdlg)</dc:title>
	<dc:creator xml:lang="en">Sanusi, Ahmad</dc:creator>
	<dc:creator xml:lang="en">Somawinata, Yusuf</dc:creator>
	<dc:creator xml:lang="en">Anwar, Khoirul</dc:creator>
	<dc:creator xml:lang="en">Jamaluddin, Jamaluddin</dc:creator>
	<dc:creator xml:lang="en">Rahman, Arif</dc:creator>
	<dc:subject xml:lang="en">Marriage</dc:subject>
	<dc:subject xml:lang="en">marriage cancellation</dc:subject>
	<dc:subject xml:lang="en">court decision</dc:subject>
	<dc:subject xml:lang="en">legal consequences</dc:subject>
	<dc:description xml:lang="en">According to the Marriage Law, a person who will get married must meet the requirements and marriage principles as stipulated in their respective religions and beliefs as well as the administrative requirements. However, sometimes marriage registration process is not fully fulfilled, which then leads to the cancellation of the marriage. Marriage annulment is the cancellation of a husband and wife relationship after the marriage contract is held. The cancellation process may be carried out by the religious court if the parties do not meet the requirements to carry out the marriage, as stated in Article 22 of Law no. 1 of 1974 concerning marriage. This study will analyze the decision to annul the marriage and its legal consequences at the Pandeglang Religious Court. The research used content analysis, which is to analyze descriptively the content of court decisions with a normative approach. The results of this study are that the panel of judges granted the application for annulment of marriage with legal considerations and the existence of obstacles to marriage because it was contrary to the principle of marriage itself, namely the principle of monogamy. The reason was the Petitioner's negligence and the manipulation of Respondent I and Respondent II in attaching the administrative requirements of their marriage, in which the marriage occurred when Respondent I still had a legal wife. The annulment of the marriage leads to legal consequences for the child, and the assets possed during the marriage, as well as third parties. Thus, the annulment of marriage does not have a retroactive effect on the position of the child and third parties.</dc:description>
	<dc:publisher xml:lang="en">Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry</dc:publisher>
	<dc:date>2022-06-27</dc:date>
	<dc:type>info:eu-repo/semantics/article</dc:type>
	<dc:type>info:eu-repo/semantics/publishedVersion</dc:type>
	<dc:format>application/pdf</dc:format>
	<dc:identifier>https://jurnal.ar-raniry.ac.id/index.php/samarah/article/view/10230</dc:identifier>
	<dc:identifier>10.22373/sjhk.v6i1.10230</dc:identifier>
	<dc:source xml:lang="en">Samarah: Jurnal Hukum Keluarga dan Hukum Islam; Vol. 6 No. 1 (2022): Samarah: Jurnal Hukum Keluarga dan Hukum Islam; 493-513</dc:source>
	<dc:source>2549-3167</dc:source>
	<dc:source>2549-3132</dc:source>
	<dc:language>eng</dc:language>
	<dc:relation>https://jurnal.ar-raniry.ac.id/index.php/samarah/article/view/10230/7089</dc:relation>
	<dc:rights xml:lang="en">Copyright (c) 2022 Ahmad Sanusi, Yusuf Somawinata, Khoirul Anwar, Jamaluddin Jamaluddin, Arif Rahman</dc:rights>
</oai_dc:dc>