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VOL. 10, ISSUE 4 (2024)
The annulment of polygamous marriages due to identity fraud in Aceh
Authors
Muhammad Farid, Teuku Saiful, Suhaimi
Abstract
Article 24 of Law Number 1 of 1974 concerning
Marriage states that one reason for annulment of a marriage is if a husband or
wife still bound by a marriage contract enters another marriage without the
consent and knowledge of the other party. This notion is also found in Article
71 of Presidential Instruction Number 1 of 1991 concerning the Compilation of
Islamic Law, which mentions that a marriage can be annulled if a husband
engages in polygamy without the permission of the Religious Court. Initial
research findings indicate that there are still husbands engaging in polygamous
marriages accompanied by identity fraud, resulting in cases of Annulment polygamous
marriages in the legal jurisdiction of Aceh Province. This was discovered after
conducting research in several Sharia courts in the areas of Aceh Besar, Banda
Aceh, and Sigli, where there was 1 case in the Sharia Court of Aceh Besar, 5
cases in the Sharia Court of Banda Aceh, and 3 instances in the Sharia Court of
Sigli from 2019 to 2022. This study aims to explain and analyze the process of
Annulment of polygamous marriages due to identity fraud in Aceh, the
consequences of such marriages, and the forms of sanctions and efforts to
prevent cases of Annulment of polygamous marriages due to identity fraud in
Aceh. This study is a type of empirical juridical research. Data for this
study, in addition to secondary data, were obtained directly from respondents
and informants through field research. The research results show that the
process of Annulment of polygamous marriages due to identity fraud in Aceh
includes stages from trial in Sharia courts to appeal and cassation. These
stages follow a process like divorce proceedings, but Annulment
polygamous marriages due to identity fraud exclude the mediation
requirement. The legal consequences of the Annulment of polygamous marriages due to identity fraud include nullification of the
marriage under the law and implications for the relationship between parents
and children as stipulated in Article 45 of the Marriage Law and Article 75 of
the Compilation of Islamic Law. Sanctions against perpetrators of identity
fraud apply only if there is a complaint from the aggrieved party. Prevention
efforts can include rechecking administrative requirements by authorized
officials to minimize document errors in marriage processes. It is recommended
that parties seeking to annul marriages carefully prepare case files to meet
formal requirements and that law enforcement agencies advocate the community on
divorce and annulment proceedings. Parties receiving court decisions are
advised to comply with the verdict to prevent further annulment cases. Relevant
parties, institutions, and law enforcement agencies should meticulously follow
procedures stipulated by laws and regulations.
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Pages:121-125
How to cite this article:
Muhammad Farid, Teuku Saiful, Suhaimi "The annulment of polygamous marriages due to identity fraud in Aceh". International Journal of Law, Vol 10, Issue 4, 2024, Pages 121-125
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