Juridical Review of Determination of Marriage Certificate in Divorce Applications in Decision No. 5361 Rev. G/2022/PA. Badg

DOI

10.2991/978-2-38476-152-4_143How to use a DOI?

Keywords

Civil Lawsuit; Divorce by the husband; Marriage certificated application

Abstract

Marriage is a great agreement between two human beings bound by a strong bond that aims to form an eternal and harmonious family. One aspect related to marriage is divorce and marriage constituencies which in this study refer to Decision No. 5361 Rev. G/2022/PA. Badg. The court's decision emphasized that there was a cumulation or combination of two lawsuits in one lawsuit, namely regarding divorce and marriage certificated application at the same time. This study aims to examine the validity of the cumulative lawsuit between divorce by the husband and marriage certificate. This research is a normative legal research with a conceptual, case, and statutory approach. The results of the study confirm that in essence a cumulative lawsuit can be carried out as an implementation of the principle of a quick and low-cost trial, provided that the cumulative lawsuit is carried out in cases that have the same relevance and does not have the potential to give rise to conflicting decisions. The accumulation of divorce by the husband and marriage certificate can be said to be inappropriate because it has the potential to give rise to conflicting decisions in merging applications for marriage certificates which do not have disputes in them and the application for divorce by the husband is characterized by disputes with the respondent, and contrary to Law No. 7 of 1989 concerning Religious Courts article 86 paragraph (1).

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Budi Hermono
AU  - Nurul Hikmah
AU  - Astrid Amidiaputri H
AU  - Syahid Akhmad Faisol
PY  - 2023
DA  - 2023/12/19
TI  - Juridical Review of Determination of Marriage Certificate in Divorce Applications in Decision No. 5361 Rev. G/2022/PA. Badg
BT  - Proceedings of the International Joint Conference on Arts and Humanities 2023 (IJCAH 2023)
PB  - Atlantis Press
SP  - 1414
EP  - 1422
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-152-4_143
DO  - 10.2991/978-2-38476-152-4_143
ID  - Hermono2023
ER  -