ANALISIS HUKUM PEMBATALAN PERKAWINAN KATOLIK MENURUT HUKUM KANONIK DAN SISTEM HUKUM INDONESIA

Abstract

The nature of marriage is based on the willingness to live together in order to meet physical and spiritual needs. Marriage is valid or not, is determined according to the law of each religion. Cancellation of a marriage will have an impact not only on married couples, but also on children and property in marriages. Legal arrangements regarding the cancellation of marriage in each religion have differences and similarities. To overcome this, it is necessary to study how the differences and similarities in legal arrangements regarding marital cancellation in canonical law and the Indonesian legal system and how juridical review due to a cancellation of marriages according to canonical law and the Indonesian legal system. This research uses normative juridical method by reviewing library materials including primary legal materials, secondary legal materials and tertiary legal materials related to the title of the research. Cancellation of marriage according to Canon Law and the Indonesian Legal System has similarities and differences in regulation, including the similarities regarding age limits, blood relations, marital relationships, and reasons for submission. The difference is Canon Law more specifically regulates obstacles that can frustrate marriage. The Catholic Church regulates the consequences of a marriage being canceled on a husband and wife while the effects on children and property are not regulated. Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage and Compilation of Islamic Law regulates the consequences
of canceling marriages of children and property while the effects on husband and wife are not regulated.