International Journal of Engineering Business

and Social Science

Vol. 2 No. 04, March-April 2024, pages: 1186-1193

e-ISSN: 2980-4108, p-ISSN: 2980-4272

https://ijebss.ph/index.php/ijebss

Reactualization of Marriage Law in Indonesia on the Issue of

Marriage Annulment in Achieving Legal Certainty

Nur Sa'adah

, Junaedi

, Sirajuddin Sailellah

Universitas Jayabaya Jakarta, Indonesia

Email: nun[email protected]

, [email protected]

, sirajuddin_sailellah@yahoo.com

Keywords

Abstract

Reactualization;

Annulment Of Marriage;

Legal Certainty.

The annulment of marriage based on Law Number 1 of 1974 has not provided

clarity so that 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 essential 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.

for possible open-access publication

under the terms and conditions of the Creative Commons Attribution (CC BY SA)

license (https://creativecommons.org/licenses/by-sa/4.0/).

1. Introduction

Marriage (Kholis, 2023) is a contract or agreement where a woman and a man bind themselves through

ijab qabul with a predetermined dowry and witnessed by two witnesses (Nurdin, 2020) to form a harmonious,

1187 e-ISSN: 2980-4108 p-ISSN: 2980-4272 IJEBSS

IJEBSS Vol. 2 No. 04, March-April 2024, pages: 1186-1193

happy, loving and eternal household based on the One True Godhead (Saputri, 2022). This is by the provisions

of Article 28 B paragraph (1) of the 1945 Constitution.

Along with global developments, marriage problems in society continue to grow, and there has been a

framework or norms that regulate and guide marriage in Law Number 16 of 2019 concerning Marriage (an

amendment from Law Number 1 of 1974) so that violations of the marriage ban are very likely. Therefore, the

articles on preventing marriage are a surefire strategy to avoid illicit marriages.

The annulment of marriage has been regulated in Articles 26 and 27 of Law Number 16 of 2019

concerning Marriage. However, marriage annulment lawsuits often occur in Indonesia; it is not uncommon for

marriage annulment lawsuits to be filed because of violations of polygamy requirements with identity forgery,

for example, in Decision Number 2479 / Pdt.G / 2020 / PA. JU, Polygamy Case in Case Number

1446/Pdt.G/2017/PA.Mks. Annulment of marriage due to coercion as in Case Number

1786/Pdt.G/2021/PA.Mks.

This practice of serial marriage led to a violation of the rights of wives in their first marriage. In many

cases, settlements are made through civil divorce. However, in the Criminal Code (KUHP), there is a rule that

criminalises someone who is still bound in marriage but has sexual relations with another person in this context

as someone who practices polygamy and serial marriage without their partner's knowledge. Article 284 of the

Penal Code criminalises the offence of serial marriage, in which a person enters into marriage while, in fact, still

has a legal husband or wife or has a marital bond (Darsi, 2017). The penalty for violators of Article 284 of the

Criminal Code is imprisonment for a maximum of 9 months. In addition, husbands who remarry without the

consent of the first wife can be charged with Article 279 of the Criminal Code, which threatens a maximum

prison sentence of 5 to 7 years.

In addition, several problems have arisen in Indonesian society. In addition to the issue of polygamy,

there are also issues related to the identity of the bride and groom, be it trial or virgin status, as well as cases of

gender falsification that have shocked the public in recent years. Cases involving gender forgery and falsification

of documents and guardians to enable marriage violate Article 266 and Article 378 of the Criminal Code. The

threat of seven years in prison is set for the act.

Some of the case phenomena described above show that although our State has given birth to some rules

regarding marriage, many in Society still commit violations; here, it shows the legal uncertainty between Das

Sollen and Das Sein. There is a discrepancy. Therefore, the author wants to examine this dissertation to find a

definite legal construction so that Indonesian society no longer violates marital problems. In this case, the

author will actualise the Marriage Law.

In the actualisation of Law Number 16 of 2019 concerning Marriage, it is necessary to consider

harmonisation between the provisions in Law Number 16 of 2019 concerning Marriage. The need for clear

understanding and consistent law enforcement in the context of marriage annulment can provide legal

certainty, a sense of justice, and practicality for all parties involved in the process.

The regulation regarding marriage will create legal certainty (Zubaidah, 2019), which are divided into

three types, namely general, special and aequitas justice, retributive justice and restorative justice. Regarding

the actualisation of Law Number 16 of 2019 concerning Marriage, it is essential to consider justice as the

primary foundation. Regulations regarding marriage annulment should reflect the values of justice recognised

in society. The decision to annul a marriage must be based on the principles of justice that provide protection

and legal certainty for all parties involved. In addition, in regulating the annulment of marriage, it is necessary

to consider the principle of equality when deciding the fate of marriages that have been established.

2. Materials and Methods

This is normative legal research (Ibrahim 2010), which seeks to find legal rules, principles, and doctrines

(Nurhayati, Ifrani, & Said, 2021). The type of research used is descriptive-analytical ((PUSHAM), Smith, Asplund,

1188 e-ISSN: 2980-4108 p-ISSN: 2980-4272 IJEBSS

IJEBSS Vol. 2 No. 04, Merch-April 2024, pages: 1186-1193

& Marzuki, 2008) with a sui generis approach ((PUSHAM) et al., 2008) in the form of a philosophy approach,

sociological approach, conceptual approach, and statute approach (Nafi’ah, 2020) which is relevant in the

context of the actualisation of the Marriage Law in Indonesia, especially in the problem of marriage annulment.

The data used is secondary data, so the legal materials used consist of primary, secondary and tertiary

legal materials consisting of: (1) the 1945 Constitution; (2) the Criminal Code; (3) the Civil Code, (4) Law

Number 16 of 2019 Amendments to Law Number 1 of 1974 concerning Marriage; (5) Law Number 24 of 2013

concerning Amendments to Law Number 23 of 2006 concerning Population Administration; (6) Presidential

Instruction No. 1 of 1991 concerning the Compilation of Islamic Law; (7) Government Regulation No. 9 of 1975

concerning the Implementation of Law No. 1 of 1974 concerning Marriage; (8) Circular Letter of the Supreme

Court of the Republic of Indonesia Number 4 of 2016 concerning the Implementation of the Formulation of the

Results of the Plenary Meeting of the Supreme Court Chamber in 2016 as a Guideline for the Implementation of

Duties for the Court. Data were collected using library research techniques (Soekanto & Mamudji, 2006) and

analysed using qualitative normative methods.

3. Results and Discussions

Implementation of Marriage Law in Indonesia in the Problem of Marriage Annulment

In this case, the implementation of the annulment of marriage should always take into account the

religious aspects of the parties involved. Based on this, the author can find Challenges in the Implementation of

Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage related to Marriage

Annulment. Although Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage

provides a clear legal basis for marriage annulment, there are still several challenges in its implementation:

1. Religious and Legal Provisions: One of the main challenges is managing the balance between legal and

religious aspects in the annulment of marriages. Article 2 of Law No. 16 of 2019 concerning Amendments to

Law No. 1 of 1974 concerning Marriage emphasises the importance of complying with the laws of each

other's religions and beliefs. The main challenge is determining how cases of annulment of marriages based

on different religious laws can be resolved relatively under civil law, including Law No. 16 of 2019

concerning Amendments to Law No. 1 of 1974 concerning Marriage. This requires careful interpretation of

the law and procedures that can accommodate differences in religious beliefs. Often, the annulment of a

marriage requires a deep understanding of the religious teachings that apply to the parties involved. This

shows the complexity of the marriage annulment process in Indonesia, where religious aspects often

influence the legal steps that must be taken.

2. Court Proceedings: The litigation involved in the annulment of a marriage is a serious and time-consuming

process. When couples decide to annul their marriage, they have to go through a sometimes complicated

and costly procedure. This can be challenging for individuals wanting to annul their marriage, especially

with limited resources. The marriage annulment process must go through steps such as filing a lawsuit,

summoning the parties concerned, trial, peace efforts, and finally, submitting a court decision. This process

is time-consuming, costly, and can be emotionally draining, especially if there is a conflict between couples

seeking a divorce. Therefore, an effort must be made to simplify this process and ensure easier access for

individuals who wish to annul their marriages. This stage must be carried out using the procedures

established by law and competent courts. Overall, the annulment of marriage poses several challenges that

need to be addressed.

3. Protection of Individual Rights: Although Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974

concerning Marriage has provisions that protect individual rights in marriage annulment, challenges may

arise if one party feels that his rights are not adequately protected. This can result in complicated legal

disputes. Article 37 of Government Regulation Number 9 of 1975 expressly states that the court can only

decide on marriage annulment. The court should examine the case closely, considering that the annulment

1189 e-ISSN: 2980-4108 p-ISSN: 2980-4272 IJEBSS

IJEBSS Vol. 2 No. 04, March-April 2024, pages: 1186-1193

of marriage can have significant consequences for spouses and their families. Therefore, the court must

perform its role reasonably and based on applicable law.

4. Social and Cultural Change: Marriage is a social institution strongly influenced by cultural and social factors.

Changes in social values and norms and shifting demands in society can create challenges in the annulment

of marriages. For example, social stigma associated with divorce or pressure from family and society can

influence a couple's decision to divorce. Therefore, the implementation of Law No. 16 of 2019 concerning

Amendments to Law No. 1 of 1974 concerning Marriage must be able to deal with these cultural and social

factors and may require counselling and socialisation efforts to change public perceptions regarding

marriage annulment.

5. Access to Legal Services: Legal services are also challenging. Especially for individuals with limited

resources, such as low education or limited finances, access to adequate legal services can be an obstacle.

The government must ensure fair and equitable access to legal services for all citizens wishing to annul their

marriages.

In facing these challenges, the actualisation of Law No. 16 of 2019 concerning Amendments to Law No. 1

of 1974 concerning Marriage is essential. Changes in the law could include simplification of procedures,

improvements in the protection of individual rights, and a more inclusive approach to different religious beliefs

and social changes in society. Thus, the implementation of Law No. 16 of 2019 concerning Amendments to Law

No. 1 of 1974 concerning Marriage in the annulment of marriage can be more effective and reflect legal

principles that are fair, inclusive, and relevant to the demands of the times.

One crucial aspect of implementing marriage law is the judge's consideration in dealing with marriage

annulment cases. To understand the implementation of marriage law in marriage annulment cases, it is

necessary to analyse the judge's consideration as a construction of the judge's thinking system in applying the

law concretely in marriage cases. According to (Tamami, 2020), the judge's consideration in marriage

annulment cases refers to the legal understanding "in abstracto" (in the general sense), which must be applied

in cases "in concreto" (in the context of concrete cases).

In practice, some problems arise related to the annulment of marriage. The annulment of marriage is one

of the essential aspects of the legal marriage system in Indonesia. The main obstacle that arises is how to

implement Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage in handling

the situation of marriage annulment fairly and effectively. In facing the problem of marriage annulment, it is

necessary to actualise Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage.

This actualisation includes updating the requirements and procedures for marriage annulment and adjusting

to social and cultural developments in society. The aim is to ensure that legal protection remains relevant to

people's needs and aspirations (Salsabila, Abdurrahman, & Sulistiani, 2021). There is an impression that the

annulment of marriage occurs due to a lack of supervision from the family and the competent authority, so the

marriage is carried out even though it is later found to violate the Marriage Law.

In such a situation, the Religious Court has the authority to annul the marriage at the request of the

parties concerned (Septiyani, 2022). Thus, a marriage can be legally annulled through legal proceedings in

court. In general, two main reasons can lead to marriage annulment. First, violation of procedures in the conduct

of marriage. Second, violation of marital substance or material. For example, procedural violations may include

non-fulfilment of the conditions of marriage by the marriage guardian, absence of witnesses, and other

procedural reasons. Meanwhile, examples of material violations may consist of marriages that took place under

duress or with misperceptions regarding the prospective husband or wife.

Every marriage is required to be recorded by applicable laws and regulations (Khairunnisa & Fawzi,

2022). This recording has a meaning comparable to recording other significant events in a person's life, such as

birth or death, formalised through an official certificate that is also included in the recording list. To maintain

1190 e-ISSN: 2980-4108 p-ISSN: 2980-4272 IJEBSS

IJEBSS Vol. 2 No. 04, Merch-April 2024, pages: 1186-1193

administrative regularity, transparency, and legal certainty in the implementation of marriages for Muslims, it

is essential to regulate marriage registration.

Legal certainty in the actualisation of marriage law in Indonesia in the problem of marriage annulment.

In the context of the actualisation of Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974

concerning Marriage in Indonesia, ensuring legal certainty regarding the prevalence of marriage annulment is

crucial. Gustav Radbruch stated that the purpose of law is to achieve justice, certainty, and expediency.

However, he stressed that justice should be a top priority in this hierarchy. Historically, legal certainty once

dominated the legal system, but Radbruch insists that justice must be the highest priority.

The annulment of marriage has significant legal consequences. One of them is breaking the marriage

bond itself, which means that the relationship between husband and wife is no longer valid. However, it is

essential to note that the decision to annul the marriage is not always retroactive. In the author's analysis, Law

No. 1 of 1974 and Law No. 16 of 2019 concerning Amendments to Law No. 16 of 2019 concerning Amendments

to Law No. 1 of 1974 concerning Marriage concerning Marriage in Indonesia have reflected the principle of legal

certainty in several significant ways. Article 28, paragraph (1) of the Law confirms that the annulment of a

marriage begins after a court decision has permanent legal force and is valid from the moment of marriage. This

indicates that legal certainty is established through court proceedings that give apparent legal force to marriage

annulment. The annulment of the marriage results in the breaking of the marriage bond, and the marriage that

has been performed is considered invalid. The consequences of this law are regulated in Article 28 paragraph

(1) of Law No. 1 of 1974 jo Law Number 16 of 2019 concerning Amendments to Law Number 16 of 2019

concerning Amendments to Law No. 1 of 1974 concerning Marriage concerning Marriage. In other words,

marriage is considered to have never existed. This provides clarity and legal certainty regarding the annulled

marital status.

The annulment of marriage begins after the decision of the Court has obtained inviolable legal force and

is effective from the moment of the execution of the marriage. An application for marriage annulment must be

filed with the Court in the county where the marriage took place or at the residence of both spouses, both

husband and wife. Marriage annulment can occur if one or both parties do not meet the conditions set to

consummate the marriage.

In the context of implementing Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974

concerning Marriage, the BW perspective provides clear guidance on the conditions under which a marriage

can be declared void. The judge has a central role in this process, and his decision must be based on careful

consideration of the facts and related laws. A solid legal foundation in BW provides a clear framework for

handling marriage annulment cases fairly and reasonably. In this context, the author needs to analyse these

differences and how they affect legal certainty in marriage annulment cases in Indonesia.

1. Article 22 of Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage vs.

Articles 87, 89, 90, and 91 of the Indonesian Civil Code: Article 22 of Law No. 16 of 2019 concerning

Amendments to Law No. 1 of 1974 concerning Marriage and Articles 87, 89, 90, and 91 of the Indonesian

Civil Code in parallel discuss the annulment of marriage if the conditions of marriage are not met. Legal

certainty in this case lies in the fact that the conditions of marriage must be obeyed to maintain the legality

of marriage.

2. Article 23 of Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage vs

Article 93 of the Indonesian Civil Code: Both Article 23 of Law No. 16 of 2019 concerning Amendments to

Law No. 1 of 1974 concerning Marriage and Article 93 of the Indonesian Civil Code regulate parties who can

apply for a marriage annulment. This creates legal certainty by determining who is eligible to apply for

cancellation.

3. Article 24 of Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage vs

Article 86 of the Indonesian Civil Code: Article 24 of Law No. 16 of 2019 concerning Amendments to Law No.

1191 e-ISSN: 2980-4108 p-ISSN: 2980-4272 IJEBSS

IJEBSS Vol. 2 No. 04, March-April 2024, pages: 1186-1193

1 of 1974 concerning Marriage and Article 86 of the Indonesian Civil Code both regulate monogamous

marriage. This is a step to ensure that the principle of monogamy is adhered to, which is essential in marriage

law.

4. Article 25 of Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage vs

Article 99 of the Indonesian Civil Code: Article 25 of Law No. 16 of 2019 concerning Amendments to Law No.

1 of 1974 concerning Marriage and Article 99 of the Indonesian Civil Code both mention the place of applying

for a marriage annulment. This helps to provide legal clarity on where the cancellation application should

be filed.

5. Article 26 of Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage vs

Article 92 of the Indonesian Civil Code: Article 26 of Law No. 16 of 2019 concerning Amendments to Law No.

1 of 1974 concerning Marriage and Article 92 of the Indonesian Civil Code discuss the registration of invalid

marriages if they are not before the competent authorities and can be submitted for annulment. This is

important to ensure invalid marriages are legally registered and can be filed for annulment.

6. Article 28 of Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage vs

Articles 95, 96, 97, and 98 of the Indonesian Civil Code: These articles in both laws regulate the impact of

marriage annulment. This is important in providing legal certainty about the consequences of marriage

annulment.

Based on this, the Reactualization of Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974

concerning Marriage in the context of marriage annulment brings philosophical questions regarding the

difference in the number of articles between Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974

concerning Marriage and the KUHPer. However, this does not eliminate legal certainty.

The actualisation of Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning

Marriage in Indonesia is necessary to overcome the increasing problem related to the prevalence of marriage

annulment. In implementing this actualisation, several aspects require substantial changes in Law No. 16 of

2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage to ensure the creation of legal

certainty, protection of individual rights, and justice for all parties involved in the context of marriage in

Indonesia. Thus, the proposed Substantial Changes from the author are as follows:

First, an article on cancellation due to unauthorised polygamy was added. Currently, Law No. 16 of 2019

concerning Amendments to Law No. 1 of 1974 concerning Marriage has not explicitly regulated marriage

annulment due to the act of polygamy without permission. Therefore, it is necessary to add an Article that

expressly regulates this, including setting out the conditions that must be met and the procedures that must be

followed in cases of unlicensed polygamy. The primary purpose of adding this Article is to provide legal clarity

and justice for parties affected by this act and to encourage awareness of the importance of complying with the

provisions of legal marriage. The proposed Article in this substance is "Cancellation Due to Polygamy Without

Permission."

Second, an article on annulment was added due to marriage with a person still in the Iddah period. The

regulation regarding marriage annulment, if one of the parties is still in the Iddah period at the time of the

marriage, becomes essential in this context. Adding an Article regulating this will provide the legal clarity

needed. This step will also contribute to protecting the rights of parties still in the iddah period, preventing

invalid marriages, and strengthening the principle of justice in marriage. The proposed Article in this substance

reads "Annulment Due to Marriage with a Person Still in the Iddah Period."

Third, the addition of an article on the annulment of marriage under legal threat; An article regulating

the annulment of a marriage if one of the parties enters into marriage under threat of law would provide better

legal protection for the parties involved. Adding such an Article is a proactive measure to prevent invalid

1192 e-ISSN: 2980-4108 p-ISSN: 2980-4272 IJEBSS

IJEBSS Vol. 2 No. 04, Merch-April 2024, pages: 1186-1193

marriages and ensure that marriages are only performed based on voluntariness and all parties' free consent.

The proposed Article in this substance reads "Annulment of Marriage Under Legal Threat."

Fourth, adding the Article on Cancellation Due to Imperfection of Reason; Adding an Article providing for

the annulment of a marriage if one or both parties experience imperfections of reason will provide better legal

protection for parties affected by this condition. This article ensures that every marriage is conducted with full

awareness and explicit consent from all parties involved. The proposed Article in this substance is "Annulment

Due to Imperfection of Reason".

Fifth, articles regarding sanctions for parties who violate marriage law are added. One of the many

violations of marriage law is the absence of clear sanctions in both the Pekwinan Law and the KHI; there is only

sanction for marriage registrars who commit violations; therefore, by using the three theories that the author

uses to answer the existing problem formulation, it is necessary to actualise the addition of articles, especially

in the Marriage Law regarding sanctions.

The marriage law also recognises the automatic prevention of marriage by marriage registrars even

though no party performs marriage prevention (article 20). This automatic prevention can be done if the

marriage registrar employee, in carrying out his duties, is aware of violations of the provisions in Article 7,

Paragraph 1, article 8, article 9, article 10, and Article 12 of the marriage law.

4. Conclusion

This study concludes that implementing marriage law in Indonesia has faced several challenges,

especially in the context of marriage annulment. In this regard, some findings can be identified as the annulment

of marriage as the central issue, the importance of protecting individual rights, and justice as the primary

objective. In the actualisation of marriage law to overcome the problem of marriage annulment, it is essential

to strengthen legal certainty. Based on in-depth analysis, several key points can be concluded: First,

Reactualization as a Proactive Step: Reactualization of the Marriage Law is a proactive step needed to overcome

the problem of marriage annulment. This includes adequate articles to regulate situations that might lead to

marriage annulment. Second, Protection of Individual Rights: Reactualization should provide solid legal

protection for individuals involved in legal marriages while also paying attention to individual rights in

illegitimate marriages. These include protection against unauthorised polygamy, marriage under threat of law,

and cases of resourcefulness imperfections. Third, Representation of Pancasila Values: The actualisation of the

Marriage Law must reflect the values of Pancasila and the ideals of national legal development. This ensures

that marriage law is appropriate to the context of Indonesian diversity and applies to all citizens.

1193 e-ISSN: 2980-4108 p-ISSN: 2980-4272 IJEBSS

IJEBSS Vol. 2 No. 04, March-April 2024, pages: 1186-1193

5. References

(PUSHAM), Universitas Islam Indonesia (Yogyakarta). Pusat Studi Hak Asasi Manusia, Smith, Rhona K. M.,

Asplund, Knut D., & Marzuki, Suparman. (2008). Hukum hak asasi manusia. Pusat Studi Hak Asasi Manusia,

Universitas Islam Indonesia (PUSHAM UII).

Darsi, Darsi. (2017). Kedudukan Jaksa Dalam Pembatalan Perkawinan (Studi Pasal 26 Undang-Undang No. 1 Tahun

1974). Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum, 15(2), 83–96.

Khairunnisa, Raafilia, & Fawzi, Ramdan. (2022). Analisis Hukum Islam dan Implementasi Permenag Nomor 20 Tahun

2019 tentang Pencatatan Pernikahan. Jurnal Riset Hukum Keluarga Islam, 33–38.

https://doi.org/10.29313/jrhki.vi.880

Kholis, M. Nur. (2023). Permohonan Dispensasi Kawin Pasca Berlakunya Undang Undang Nomor 16 Tahun 2019

Perspektif Hukum Keluarga Islam di Indonesia (Studi Penetapan No. 25/Pdt. P/2023/PA. Rbg. Universitas

Islam Malang.

Nafi’ah, Siti Anisatun. (2020). Memperkuat Identitas Bangsa Melalui Pendidikan Multikultural: Konsep–Prinsip-

Implementasi. Guepedia.

Nurdin, Zurifah. (2020). BUKU PERKAWINAN (PERSPEKTIF FIQH, HUKUM POSITIF DAN ADAT DI

INDONESIA). ELMARKAZI.

Nurhayati, Yati, Ifrani, Ifrani, & Said, M. Yasir. (2021). Metodologi Normatif Dan Empiris Dalam Perspektif Ilmu

Hukum. Jurnal Penegakan Hukum Indonesia, 2(1), 1–20.

Salsabila, Naila, Abdurrahman, M., & Sulistiani, Siska Lis. (2021). Analisis Yuridis Putusan No. 316/Pdt. G/2016/Pa.

Krw tentang Aset Wakaf yang Diperjual Belikan menurut Hukum Islam dan UU No. 41 Tahun 2004 tentang

Wakaf. Bandung Conference Series: Islamic Family Law, 1(1), 20–26. https://doi.org/10.29313/bcsifl.v1i1.66

Saputri, Verranda Anggi. (2022). Pembatalan Perkawinan Karena Tidak Terpenuhinya Syarat Perkawinan (Studi

Kasus Perkawinan Sesama Jenis Di Indonesia Dalam Putusan Nomor 5253/Pdt. G/2017/Pa. Jr). Universitas

Islam Sultan Agung Semarang.

Septiyani, Ismi Tri. (2022). Analisis Hukum Islam Terhadap Pembatalan Perkawinan Atas Dasar Praktik Pencatatan

Perkawinan Ilegal. Jurnal Riset Hukum Keluarga Islam, 95–100. https://doi.org/10.29313/jrhki.vi.1269

Tamami, Muhamad Nik’am. (2020). Akibat Yuridis dan Sosiologis atas Pembatalan Perkawinan karena Pemalsuan

Identitas Diri (Studi Kasus Putusan Pengadilan Agama Pati Nomor: 2201/Pdt. G/2015/PA. Pt.). IAIN KUDUS.

Zubaidah, Dwi Arini. (2019). Pencatatan Perkawinan Sebagai Perlindungan Hukum Dalam Perspektif Maqāṣid Asy-

Syarī’Ah. Al-Ahwal: Jurnal Hukum Keluarga Islam, 12(1), 15–28. https://doi.org/10.14421/ahwal.2019.12102