Aspek Hukum Putusnya Perkawinan Atas Keputusan Pengadilan

Abstract

In general, Law Number 1 of 1974 concerning Marriage categorizes the causes of marriage dissolution into three groups, as stated in Article 38 or in the Compilation of Islamic Law Article 113, namely death, divorce, and by court decision. Death is a natural event that is inevitable in human life and has legal consequences in the context of marriage, namely the death of one or both parties who are the subject of marital law. Divorce, as regulated in Law Number 1 Year 1974 concerning Marriage, does not have a specific term limitation. However, Article 39 paragraph (1) stipulates that divorce can only be carried out before a court session after unsuccessful attempts to reconcile by the relevant court, with sufficient reason that it is impossible for the husband and wife to live together as a couple. The dissolution of marriage by court decision is a term that is not explicitly explained in the Marriage Law or Government Regulation Number 9 of 1975 concerning the Implementation of Law Number 1 of 1974 concerning Marriage. This has caused confusion, as the phrase “by court decision” should cover divorces that are initiated by a court decision. Some parties try to interpret that “upon a court decision” refers to the annulment of marriage as stipulated in Article 28 paragraph (1) of the Marriage Law and Article 38 of PP 9/1975. However, the comparison between dissolution of marriage and annulment of marriage is not appropriate, considering that the decision of dissolution of marriage states that the marriage that has occurred is considered valid, while annulment of marriage states that the marriage was never valid. Therefore, this study aims to determine the legal aspects of marriage dissolution based on court decisions. This research uses empirical and normative legal approaches.