Analisis yuridis tentang kedudukan hukum seorang anak akibat pembatalan perkawinan (pendekatan kasus terhadap putusan perkara nomor: 978/pdt.g/2011/pa.sda)
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Institusion
Universitas Pelita Harapan
Author
Sabdowati, Nurdianingsih Ery
Subject
K Law (General)
Datestamp
2021-08-03 07:53:10
Abstract :
Marriage is a necessity for all of the mankind since many years passed until now. Marriage will arise legal relationship between husband and wife and then with the birth of children, it arises a legal relationship between parents and their child. Marriage is an inner and outer bond between a man with a woman as husband and wife, with the intention of forming a family or household a happy and eternal Deity by the Almighty. The presence of the children in a marriage or family is very meaningful. Children are off spring, as an investment in the future, and a hope for the parents in the upcoming years. When the children was born from a marriage, then that also arises a legal relationship between the children and their parents. But of course a marriage can be broken because of some factors, like death, divorce and annulment. Marriage broke up because of an annulment can occur even from the marriage of a child has been born. Many factors behind the annulment of the marriage, one of which is a marriage that is held by two parties who had an incestuous relationship. Because according to the law and under the terms of religion, the marriage is deemed ineligible valid marriage. The break down in the marriage because of the annulment, not only resulted in the relationship between husband and wife or property in marriage, but also the child?s status and the relationship of parent and child. Then annulment of a marriage will also arises many questions especially the right for the children that was born in a marriage, or the legal position of the child. Thus the authors are encouraged to discuss it as a topic in this thesis.
Marriage is a necessity for all of the mankind since many years passed until now. Marriage will arise legal relationship between husband and wife and then with the birth of children, it arises a legal relationship between parents and their child. Marriage is an inner and outer bond between a man with a woman as husband and wife, with the intention of forming a family or household a happy and eternal Deity by the Almighty. The presence of the children in a marriage or family is very meaningful. Children are off spring, as an investment in the future, and a hope for the parents in the upcoming years. When the children was born from a marriage, then that also arises a legal relationship between the children and their parents. But of course a marriage can be broken because of some factors, like death, divorce and annulment. Marriage broke up because of an annulment can occur even from the marriage of a child has been born. Many factors behind the annulment of the marriage, one of which is a marriage that is held by two parties who had an incestuous relationship. Because according to the law and under the terms of religion, the marriage is deemed ineligible valid marriage. The break down in the marriage because of the annulment, not only resulted in the relationship between husband and wife or property in marriage, but also the child?s status and the relationship of parent and child. Then annulment of a marriage will also arises many questions especially the right for the children that was born in a marriage, or the legal position of the child. Thus the authors are encouraged to discuss it as a topic in this thesis.
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