TINJAUAN HUKUM TERHADAP PEMBATALAN PERKAWINAN ATAS DASAR PERBEDAAN ORIENTASI SEKSUAL

Abstract

In principle, a marriage can be annulled. An annulment of a marriage
means that the marriage is considered non-existent or even never existed. At this
time, many problems occur within the family sphere, such as situations where a
couple has entered into a marriage.The aim of writing this decision study is to
find out how judges consider in deciding cases of marriage annulment based on
differences in sexual orientation and what efforts can be made to prevent and
anticipate the occurrence of marriage annulments on the basis of differences in
sexual orientation by considering 3 (three) decisions, the analysis will focus on 3
(three) decisions in order to gain comprehensive insight regarding the factors
considered by the judge. This research is normative juridical research using an
approach to legal principles.
The results of the research can be concluded that first, in the judge's
consideration of these decisions, the judge considered the facts, legal
interpretation, and aspects of justice in annulling marriages based on differences
in sexual orientation. Decision Number 0059/Pdt.G/2018/PA.Pts was based on
moral violations and fraud, while Decision Number 981/Pdt.G/PA.Btl stated that
marriage annulment occurred due to different sexual orientations (homosexual).
Decision Number 0877/Pdt.G/2021/PA.Krs noted the failure of reconciliation
through counseling and mediation, and concluded that the Petitioner had the
capacity to apply for marriage annulment. Second, it is important to have
prevention and anticipation to avoid marriage annulment caused by differences
in sexual orientation. In Decision Number 0059/Pdt.G/2018/PA.Pts it is based on
moral violations. Prevention efforts that can be taken include getting to know the
prospective partner you are going to marry and strengthening legal protection. In
Decision Number 981/Pdt.G/PA.Btl the efforts that can be made are to
understand that marriage is an agreement or pact between a husband and wife
and God and to provide educational facilities regarding legal consequences. In
Decision Number 0877/Pdt.G/2021/PA.Krs.
Keywords: Annulment of Marriage, Differences in Sexual Orientation, Judge's

Consideration.