Status Anak yang Dilahirkan Akibat Pembatalan Perkawinan Sedarah Menurut Hukum Islam dan Undang-Undang Perkawinan No. 1 Tahun 1974 (Studi Kasus Putusan 1160/Pdt.G/2018/PA.Bms)

Abstract

Marriage is defined as an inner and outer relationship between a man and a woman as husband and
wife with the intention of creating a joyful and eternal family or household based on the One
Supreme Godhead in Article 1 of Marriage Law No. 1 of 1974. In the context of marriage, the link
that unites a man and a woman as husband and wife is clearly apparent. In order for each person to
grow and achieve spiritual and financial well-being, husband and wife must support and
complement one anotherLong-time residents of specific locations who are still related by blood have
engaged in incest marriages. When something is done regularly, it develops a habit, and the
marriage subsequently takes on local culture. The aforementioned shows that inbreeding occurs in
Islamic cultures that follow Islamic law as well as Indigenous peoples that follow customary law.
Weddings with relatives or blood marriages have been restricted or even outlawed in the Marriage
Law since the passage of Marriage Law No.1 of 1974, although if this is broken and takes place, the
marriage would be dissolved. Even though the prohibition of marriage has been regulated, the
existence of marriages between blood relatives, whether they happen on purpose or accidentally, is
still a phenomena in society, necessitating the annulment of marriages. Marriage annulment is
distinct from divorce. An annulment of a marriage is a ruling that declares a legally lawful marriage
that has already taken place to be null and hence to never have existed.