Tinjauan Hukum Islam terhadap Pembatalan Pernikahan karena Pemalsuan Identitas (Studi Kasus Putusan No. 0007/Pdt.G/2017/PA.Jpr)

Abstract

Marriage is one of the human needs that includes both outwardly and inwardly. This need is driven by human biological instincts to develop legitimate offspring. This study aims to determine how the decision process No. 0007/Pdt.G/2017/PA.Jpr which was carried out to decide the annulment of a marriage due to identity falsification, knowing how effective the decision No. knowing how the position of the decision of the Religious Courts in terms of positive law and Islamic law. To achieve the research objectives, the researcher uses a type of Library Research (Library Research) and is strengthened by using data obtained from Field Research (Field Research) with a qualitative approach. Data were collected using documentation and interview methods, then processed and analyzed using descriptive analysis methods with a deductive mindset, namely by proposing general theories and then drawing conclusions to answer the problem of marriage annulment due to identity falsification. The results showed that the process of Decision No. 0007/Pdt.G/2017/PA.Jpr regarding the case of marriage annulment according to the researcher, it is in accordance with applicable regulations. Because the judge in the process of deciding a case has gone through many stages, both from formulating the subject of the dispute, formulating legal facts, qualifying legal facts, and constituting legal facts, as well as the trial process in the case is in accordance with the existing laws and regulations.