Tinjauan Yuridis Terhadap Perbuatan Melanggar Hukum Yang Dilakukan Oleh Salah Satu Pihak Dalam Perkawinan

Yuniarti, Silvi Eka (2024) Tinjauan Yuridis Terhadap Perbuatan Melanggar Hukum Yang Dilakukan Oleh Salah Satu Pihak Dalam Perkawinan. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Cancellation of a marriage due to falsification of identity or misunderstanding regarding the status of the husband, who previously claimed to be single but was actually married, could cause losses to one party. The party who feels aggrieved has the right to demand compensation by filing a lawsuit for unlawful actions (PMH) to court to obtain compensation for the actions carried out by their partner. The purpose of this research is to determine the validity and legal consequences of unlawful acts committed by one of the parties in the marriage. This study uses a juridical-normative approach, which is a process of searching for legal regulations, legal principles, and existing legal doctrine to overcome the legal problems being faced. The results of this research indicate that claims for unlawful acts can be declared valid if they comply with the provisions of Article 1365 of the Civil Code. This unlawful act in marriage has an impact on the status of children and the status of joint assets in marriage. The status of children born in the marriage is still considered a legitimate child in accordance with Article 28 paragraph (2) a of the Marriage Law. Meanwhile, the status of joint property in the marriage does not exist in accordance with Article 28 paragraph (2) b of the Marriage Law. The legal protection provided is repressive in nature with the main aim of resolving disputes. Individuals who feel they have been harmed by illegal actions in the context of marriage have the right to demand compensation or restoration to their original condition (restitutio in integrum). The affected party can file a lawsuit in court so that the panel of judges decides that the actions alleged against the defendant are a violation of the law.

Item Type:

Thesis (Undergraduate)

Contributors: