Juridical Analysis of Judges’ Considerations in the Annulment of Marriage Due to the Use of an Unauthorized Guardian Judge (A Study of Kraksaan Religious Court Decision Number 1667/Pdt.G/2024/PA.Krs)

Abstract

Annulment of marriage is a legal effort to declare a marriage is considered to have never existed since the beginning of the decision set by the court. The annulment of this marriage arises as a result of a marriage that from the beginning did not meet the pillars and conditions as prescribed in Islamic law and legislation. One of the reasons for the annulment of marriage is the use of a guardian judge who does not have authority in the execution of the marriage contract. This study aims to analyze the juridical considerations of judges in deciding the case of annulment of marriage due to the use of an unauthorized guardian judge in the decision of the Kraksaan Religious Court Number 1667/Pdt.G/2024 / PA.Krs, as well as reviewing its compliance with the provisions of Law Number 1 of 1974 on marriage as amended by Law Number 16 of 2019 and the compilation of Islamic law. This research uses normative juridical research method with statute approach, case approach, and conceptual approach. The results showed that the panel of judges granted the marriage annulment lawsuit because the use of Guardian judges was carried out without legal authority, so it did not meet the legal provisions governing guardianship in marriage. The judge's consideration is based on the facts of the trial, the evidence presented by the plaintiff parties, as well as the systematic application of the provisions of positive law and Islamic law. The decision provides legal certainty regarding the validity of marriage while affirming the importance of the authority of the Guardian judge as one of the elements that determine the validity or not of a marriage.