Restoration of Rights Against Marriage Annulment Due to Falsification of Identity

DOI

10.2991/978-2-38476-279-8_10How to use a DOI?

Keywords

Rights Restoration; Marriage Annulment; Identity Fraud

Abstract

The annulment of marriages due to identity fraud can be a serious issue in the context of family law. Women often become victims of such actions, resulting in them losing rights that they should rightfully have in the marriage. The annulment of marriage is governed by Articles 22 to 28 of Law Number 1 of 1974 concerning Marriage (“Marriage Law”) and is further regulated in its implementing regulations, namely Articles 37 and 38 of Government Regulation Number 9 of 1975 concerning the Implementation of Law Number 1 of 1974 concerning Marriage (“Marriage Regulations”). Article 22 of the Marriage Law states that a marriage can be annulled if the parties do not meet the requirements for a valid marriage. The court with jurisdiction to annul the marriage is the court whose jurisdiction covers the place where the marriage took place or the residence of the husband and wife, the husband’s residence, or the wife’s residence. This research will utilize a Normative method, which involves examining the existing legal system to protect women who fall victim to identity fraud in marriage. The legal system must provide guarantees for women to be able to file for the annulment of the marriage or legal action against the party responsible for the identity fraud. Furthermore, the research will propose concrete steps that can be taken to restore the rights of women who have fallen victim to identity fraud. This includes improvements in the marriage process to reduce the risk of identity fraud, raising awareness of this issue in society, and strengthening legal mechanisms to ensure justice for victims. Identity fraud in marriage can pose a serious threat to women’s rights. The restoration of women’s rights should be a primary concern in efforts to combat identity fraud. With the right steps, we can build a stronger legal system to protect women from such crimes and ensure that their rights are restored fairly and appropriately.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Muhamad Afkar
AU  - Ruswan Surya Permana
AU  - Tesa Aisawa
AU  - Armansyah Armansyah
PY  - 2024
DA  - 2024/08/30
TI  - Restoration of Rights Against Marriage Annulment Due to Falsification of Identity
BT  - Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)
PB  - Atlantis Press
SP  - 75
EP  - 83
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-279-8_10
DO  - 10.2991/978-2-38476-279-8_10
ID  - Afkar2024
ER  -