Juridical Review Of Marriage Cancellation As A Result Of Using False Documents/information (Case Study Of Medan Religious Court Decision No. 776/PDT.G/PA/MDN)

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Juridical Review of Marriage Cancellation As a result of using false documents or information: Case Study of Medan Religious Court Decision No. 776/PDT.G/PA/MDN

Marriage is a sacred and legal bond in the eyes of the law between a man and woman to live together as a husband and wife. However, marriage cases involving fake documents or information are still common. This raises questions about the validity of the marriage and the legal consequences caused. This article will discuss a juridical review of the cancellation of marriage due to the use of documents or false information, by analyzing the decision of the Medan Religious Court No. 776/PDT.G/PA/MDN as a case study.

BACKGROUND AND PROBLEMS

Legitimate marriages must meet the applicable terms and conditions both in the eyes of state and religious law. One important requirement is honesty and accuracy in the marriage recording process. If there is a lie or forgery of identity in making a marriage certificate, then the validity of the marriage is questionable.

The cases examined in this article highlighted the problems regarding:

  • The authority of the Office of Religious Affairs (KUA) in ensuring the accuracy of the identity of the bride and groom.
  • The validity of the marriage certificate made using fake documents.
  • Legal sanctions imposed on those who provide false documents and information.

The use of fake documents or information in marriage recording is a serious issue that can lead to the cancellation of marriage. This is because the marriage certificate is a legal document that serves as proof of the marriage. If the document is forged or contains false information, it can be considered invalid and can lead to the cancellation of the marriage.

RESEARCH METHODS

This study uses a normative juridical method, namely by analyzing the legal norms contained in the legislation. Data is collected through literature studies and interviews.

The normative juridical method is used to analyze the legal norms contained in the legislation. This method involves studying the laws and regulations related to marriage and identifying the legal consequences of using fake documents or information in marriage recording.

THEORY USED

The theories used in this study are:

*** Proof theory: ** Explain how to prove the truth of a fact in the trial. *** Fasakh theory: ** This theory explains the cancellation of marriage through a court decision.

Proof theory is used to explain how to prove the truth of a fact in the trial. This theory is relevant to the study of marriage cancellation due to the use of fake documents or information.

Fasakh theory is used to explain the cancellation of marriage through a court decision. This theory is relevant to the study of marriage cancellation due to the use of fake documents or information.

REASONS FOR THE CANCELLATION OF MARRIAGE

Based on Law Number 1 of 1974 concerning Marriage, there are several reasons that can cause marriage cancellation, including:

  1. ** Marriage under threats that violate the law (Article 27): ** Marriage carried out under pressure or threats that violate the law can be canceled.
  2. ** One of the parties to falsify his identity (Article 27): ** If one of the parties hides its original identity or falsify the identity for the purpose of marriage, then the marriage can be canceled.
  3. ** Husband/wife who is still bound by marriage to others (Article 24): ** If one party still has a legal marriage bond with others, new marriages can be canceled.

The reasons for the cancellation of marriage are outlined in the legislation. These reasons include marriage under threats that violate the law, one of the parties falsifying their identity, and the husband/wife still being bound by marriage to others.

LEGAL SANCTIONS FOR DOCUMENT FALSIFICATION ACTORS

Those who provide false information in the process of recording marriage can be subject to legal sanctions in the form of prison and fines.

The legal sanctions for document falsification actors are outlined in the legislation. These sanctions include imprisonment and fines.

DECISION OF MEDAN RELIGIOUS COURT NO. 776/PDT.G/PA/MDN

In the case of the Medan Religious Court's decision No. 776/PDT.G/PA/MDN, the court decided to cancel the marriage because one of the parties was proven to use fake documents. The court considers that the marriage is invalid in the eyes of the state law.

The Medan Religious Court's decision No. 776/PDT.G/PA/MDN is a case study of marriage cancellation due to the use of fake documents or information. The court decided to cancel the marriage because one of the parties was proven to use fake documents.

DIFFERENCES IN THE VIEWS OF ISLAMIC LAW AND POSITIVE LAW

It should be understood that in Islamic law, marriages that have been held remain valid if they meet the requirements and pillars of marriage. However, according to positive law, the recording of marriage using fake documents remains invalid and can be canceled by the Religious Court.

There are differences in the views of Islamic law and positive law regarding marriage cancellation due to the use of fake documents or information. Islamic law considers marriages that have been held to be valid if they meet the requirements and pillars of marriage, while positive law considers the recording of marriage using fake documents to be invalid and can be canceled by the Religious Court.

ANALYSIS AND CONCLUSION

Based on the analysis of cases and legislation, it can be concluded that:

  • KUA has the authority to ensure the accuracy of the identity of the bride and groom.
  • Marriage certificate made with fake documents is not legally valid.
  • Legal sanctions will be imposed to those who provide false information.
  • Cancellation of marriage due to the use of fake documents can be carried out by the Religious Court.

The analysis of cases and legislation has led to the conclusion that KUA has the authority to ensure the accuracy of the identity of the bride and groom, marriage certificate made with fake documents is not legally valid, legal sanctions will be imposed to those who provide false information, and cancellation of marriage due to the use of fake documents can be carried out by the Religious Court.

RECOMMENDATION

To prevent marriage cases with fake documents, some things can be done:

*** Increasing the role of KUA: ** KUA needs to be more proactive in ensuring the accuracy of the identity of the bride and groom and the authenticity of the documents used. *** Legal Socialization: ** Socialization and education to the public regarding the law of marriage and the dangers of document forgery are very necessary. *** Improvement of the wedding recording system: ** The marriage recording system needs to be increased to prevent data manipulation and documents.

To prevent marriage cases with fake documents, several recommendations can be made. These include increasing the role of KUA, legal socialization, and improvement of the wedding recording system.

Marriage is a sacred and sacred bond, which must be based on honesty and truth. The cancellation of marriage due to the use of fake documents is proof that state law and religion upholding justice and honesty in marriage. With high understanding and legal awareness, it is hoped that similar cases can be minimized and marriage can be carried out legally and based on law.
Frequently Asked Questions (FAQs) about Marriage Cancellation due to the use of Fake Documents or Information

Marriage is a sacred and legal bond in the eyes of the law between a man and woman to live together as a husband and wife. However, marriage cases involving fake documents or information are still common. This raises questions about the validity of the marriage and the legal consequences caused. In this article, we will answer some frequently asked questions (FAQs) about marriage cancellation due to the use of fake documents or information.

Q: What is the definition of marriage cancellation due to the use of fake documents or information?

A: Marriage cancellation due to the use of fake documents or information is a legal process where a marriage is declared invalid due to the use of forged or false documents or information in the marriage recording process.

Q: What are the reasons for marriage cancellation due to the use of fake documents or information?

A: The reasons for marriage cancellation due to the use of fake documents or information include:

  • Marriage under threats that violate the law (Article 27)
  • One of the parties to falsify his identity (Article 27)
  • Husband/wife who is still bound by marriage to others (Article 24)

Q: What are the legal sanctions for document falsification actors?

A: Those who provide false information in the process of recording marriage can be subject to legal sanctions in the form of prison and fines.

Q: Can a marriage be canceled due to the use of fake documents or information if the couple has already had children?

A: Yes, a marriage can be canceled due to the use of fake documents or information even if the couple has already had children. The cancellation of marriage is a legal process that is not dependent on the existence of children.

Q: How can a couple prevent marriage cancellation due to the use of fake documents or information?

A: A couple can prevent marriage cancellation due to the use of fake documents or information by:

  • Ensuring the accuracy of the identity of the bride and groom
  • Verifying the authenticity of the documents used in the marriage recording process
  • Not providing false information in the marriage recording process

Q: What is the role of the Office of Religious Affairs (KUA) in ensuring the accuracy of the identity of the bride and groom?

A: KUA has the authority to ensure the accuracy of the identity of the bride and groom. They can verify the identity of the couple and ensure that the documents used in the marriage recording process are authentic.

Q: Can a marriage be canceled due to the use of fake documents or information if the couple has already obtained a divorce?

A: No, a marriage cannot be canceled due to the use of fake documents or information if the couple has already obtained a divorce. The cancellation of marriage is a legal process that is not applicable to couples who have already obtained a divorce.

Q: What is the difference between Islamic law and positive law regarding marriage cancellation due to the use of fake documents or information?

A: Islamic law considers marriages that have been held to be valid if they meet the requirements and pillars of marriage, while positive law considers the recording of marriage using fake documents to be invalid and can be canceled by the Religious Court.

Q: How can a couple obtain a copy of their marriage certificate if it has been canceled due to the use of fake documents or information?

A: A couple can obtain a copy of their marriage certificate if it has been canceled due to the use of fake documents or information by applying to the Office of Religious Affairs (KUA) or the court that canceled the marriage.

Q: Can a marriage be canceled due to the use of fake documents or information if the couple has already obtained a marriage license?

A: No, a marriage cannot be canceled due to the use of fake documents or information if the couple has already obtained a marriage license. The cancellation of marriage is a legal process that is not applicable to couples who have already obtained a marriage license.

Marriage is a sacred and legal bond in the eyes of the law between a man and woman to live together as a husband and wife. However, marriage cases involving fake documents or information are still common. This raises questions about the validity of the marriage and the legal consequences caused. In this article, we have answered some frequently asked questions (FAQs) about marriage cancellation due to the use of fake documents or information.