Reactualization of Marriage Law in Indonesia on the Issue of Marriage Annulment in Achieving Legal Certainty

Abstract

The annulment of marriage based on Law Number 1 of 1974 has not provided clarity, so it can cause legal uncertainty and injustice. Article 22 of Law Number 1 of 1974 states that a marriage can be annulled if the parties do not meet the conditions for consummating the marriage. This dissertation is to examine and analyse the implementation of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage in the problem of marriage annulment and to study, analyse, and find legal certainty in the actualisation of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage in the Prevalence of Marriage Annulment. This research uses a normative approach with the type of analytical descriptive research including legal principles, synchronisation of laws and regulations, including efforts to form law (rechtsvorming), the source of legal materials used is primary legal material, secondary legal material (secondary data) which will be obtained through literature sources. The results of the study show that there are still many violations of the Marriage Law, such as marriage registration, underage marriage, wild polygamy and illegal divorce because they have not explicitly and firmly regulated the annulment of marriage. Implementing the Marriage Law must prioritise the principle of justice, especially regarding marriage annulment. This includes the annulment of marriages involving imperfections of reason, marriages under threat of law, or marriages that violate religious law. In the actualisation of marriage law to overcome the problem of marriage annulment, it is important to strengthen legal certainty. First, the actualisation of the Marriage Law is a proactive step needed to address the issue of marriage annulment. This includes adequate articles to regulate situations that might lead to marriage annulment. Second, the Protection of Individual Rights.