| dc.description.abstract |
In practice, in a marriage, sometimes the prospective husband or prospective wife
violates the rules contained in the Marriage Law, namely in the form of impediment
to marriage as stated in Article 9 of the Marriage Law and Article 279 of the
Criminal Code. The case of obstructed marriage referred to in this research is an
act committed as in decision Number 1190/Pid.B/2022/PN Mdn with the defendant
Santi Rahmadani Lumbantoruan als Dhani Edward committing a criminal act by
committing, ordering to commit, and participating in committing the act. the act of
obstructing marriage violates Article 279 paragraph (1) 1st of the Criminal Code
in conjunction with Article 55 paragraph (1) 1st of the Criminal Code. Writing this
thesis uses library research methods to examine secondary data by analyzing the
case of Decision Number 1190/Pid.B/2022/PN Mdn. The type of data for this
research is secondary data. Primary and secondary legal materials are arranged
systematically and analyzed qualitatively. The conclusion of the discussion is that
the regulation regarding barriers to marriage is Article 279 of the Criminal Code,
the perpetrator who holds a marriage even though he knows that his existing
marriage or marriages are a legal obstacle. The form of the criminal act of
obstruction of marriage is that the defendant falsified his marriage identity, namely
the defendant took care of his Identity Card at the Bojong Gede Population and
Civil Registry Service with the Population Identity Number 3201135706871001 in
the name of Dhani, while Iwan Setiadi came to the Rambutan District KUA Office
to take care of the Marriage Recommendation Letter and it was obtained by
Marriage Recommendation Letter Number: Kk.02.14.3/Pw.01/ 255/X/2015 with
Iwan Setiadi's status as a Jew and the Defendant's status as a Virgin. The judge's
legal consideration of the perpetrator of marriage obstruction was based on the
decision of the Medan District Court Number 1190/Pid.B/2022/PN Mdn that the
defendant's actions fulfilled the elements of Article 279 paragraph (1) of the
Criminal Code. | en_US |
