ANALISIS YURIDIS PENOLAKAN HAKIM TERHADAP PEMBATALAN PERKAWINAN ATAS DASAR PAKSAAN (Studi Putusan Nomor 2860/Pdt.G/2023/PA.Badg)

Anggela, Maulita Abiba (2025) ANALISIS YURIDIS PENOLAKAN HAKIM TERHADAP PEMBATALAN PERKAWINAN ATAS DASAR PAKSAAN (Studi Putusan Nomor 2860/Pdt.G/2023/PA.Badg). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Marriage is a sacred moment that forms a bond between both parties. This study examines the judge’s rejection of a lawsuit for annulment of marriage on the grounds of coercion as stated in Decision Number 2860/Pdt.G/2023/PA.Badg. The research focuses on the fulfillment of the elements required for annulment of marriage based on coercion and the judge’s considerations in rejecting the annulment lawsuit on such grounds. The research method used is normative juridical with a statute approach, a conceptual approach, and a case approach. The results of this study show that, based on the judge’s assessment, the elements for annulment of marriage in Decision Number 2860/Pdt.G/2023/PA.Badg were not fulfilled. This is because the plaintiff failed to prove the element of coercion in the marriage as alleged. The judge’s considerations in deciding the case relied on the applicable legal provisions in Indonesia, and the judge assessed the element of coercion only through physical evidence. The judge concluded that there was no coercion in the marriage as claimed by the plaintiff. The judge used an objective assessment, making the psychological coercion experienced by the victim impossible to prove.

Item Type:

Thesis (Undergraduate)

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