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VOL. 11, ISSUE 3 (2025)
The disparity of judges' decisions in marriage annulment cases from the perspective of legal certainty
Authors
Rizki Mardhatillah Mouna, Iman Jauhari, Teuku Saiful
Abstract
Article 22 of Law No.1 of 1974 concerning
Marriage states that a marriage can be annulled if the parties do not meet the
requirements for marriage. The authority to decide on the annulment of marriage
lies with the Religious Court. The legal reasoning of the judge is one of the
most important aspects in determining the realization of justice and legal
certainty, as well as the benefits for the parties involved. Therefore, the
judge's reasoning must be thorough, sound, and careful. If the judge's
reasoning is not thorough, sound, and careful, the decision may be annulled by
the High Court/Supreme Court. However, there are still many cases of marriage
annulment that result in a disparity in the judges' decisions at the
first-instance and appellate levels, requiring an analysis of the differences
between the first-instance and appellate decisions that cause the decisions to
differ, leading to the annulment of the first-instance decision by the
appellate court. This study is a normative juridical research, using a case
approach. This research uses secondary data, which is obtained through
literature review by examining regulations, books, and other documents. Data
analysis is conducted qualitatively. The research findings indicate that the
disparity in the judges' decisions in marriage annulment cases leads to legal
uncertainty, as the decision at the first level fails to provide justice and
benefits for the petitioner, prompting an appeal, and has legal implications
affecting certain parties.
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Pages:7-11
How to cite this article:
Rizki Mardhatillah Mouna, Iman Jauhari, Teuku Saiful "The disparity of judges' decisions in marriage annulment cases from the perspective of legal certainty". International Journal of Law, Vol 11, Issue 3, 2025, Pages 7-11
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