Legal Certainty in Provening Case of Cancellation of Marriage Determination at The Decision of The DKI Jakarta High Court Number 139/PDT/2020/PT. DKI

DOI

10.2991/assehr.k.220404.048How to use a DOI?

Keywords

Legal Certainty; Evidence; Cancellation of Marriage Determination

Abstract

The risk of burden can encourage the parties to compete in proving who is the most correct so they are willing to do various ways such as submitting evidence that has been falsified in order to fulfill their desire to be able to win cases in court Problems regarding this can be found to date, one of which is in the case of the start of the determination which is still in the High Court Decision Number 139/PDT/2020/PT.DKI. The decision made by the judge was the stipulation of marriage between Mutiawa Lurin and Lukman Tjoe because Nina’s side could prove that Mutiawa Lurin was not the only wife of Lukman Tjoe based on evidence that did not match reality. The problem in writing this number is how legal certainty is in proving the case for the determination of marriage in the decision of the DKI Jakarta High Court 139/PDT/2020/PT.DKI. The research method used by the author is a normative research type which has a descriptive analytical research character with a normative juridical approach, based on primary legal sources, secondary legal sources obtained from library techniques and also supported by interviews. Basically marriage for parties who adhere to Christianity cannot be considered as monogamous, if a husband commits an act of polygamy then the marriage can be said to be valid by referring to the legal requirements of marriage contained in Article 2 paragraph (1) of Law Number 1 of 1974 And, in creating a decision that can realize legal certainty and justice, the judge is obliged to always be thorough and careful in examining the cases submitted to him.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Rasji Rasji
AU  - Hana Nabilah Putri
PY  - 2022
DA  - 2022/04/21
TI  - Legal Certainty in Provening Case of Cancellation of Marriage Determination at The Decision of The DKI Jakarta High Court Number 139/PDT/2020/PT. DKI
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 308
EP  - 314
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.048
DO  - 10.2991/assehr.k.220404.048
ID  - Rasji2022
ER  -