ANALISIS PERMOHONAN PEMBATALAN PERKAWINAN OLEH ISTRI SEBELUMNYA BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN SEBAGAIMANA TELAH DIUBAH DENGAN UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTA

Abstract

This article aims to determine and analyze the basic considerations of the Judge in the case of a request for a marriage cancellation by a previous wife and examine the legal consequences regarding children and joint property arising from the previous marriage being cancelled by the wife. This research method used is descriptive normative legal research. Secondary data types include primary and secondary legal materials. The data collection technique used is literature study. The technical analysis used is content analysis. The results showed that the Judge’s consideration of the case of the cancellation of the marriage by the previous wife, was based on the legislation regarding the authority of the parties and the reasons for submitting the marriage cancellation request, namely polygamy which is carried out without permission from the wife or from the Court can be canceled is is appropriate. Based on Article 28 paragraph (2) letter (a) of the Marriage Law and Article 75 letter (b) and Article 76 of the Compilation of Islamic Law that a child born due to marriage is still recognized as a legitimate child and because the child is a legitimate child, the child has the right to accept what is his right as a legitimate child. Regarding joint assets based on Article 28 paragraph (2) letter (b), no joint assets for the marriage that are canceled are based on previous marriages