Priyaseputra, Fransiscus Hapsektio (2023) Kekuatan Eksekutorial Putusan Cerai Pengadilan Negeri Terhadap Perkawinan Katolik. (Executory Power of District Court Divorce Decrees Against Catholic Marriages). Undergraduate thesis, Universitas 17 Agustus 1945 Surabaya.
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Abstract
Marriage is a happy event and a permanent relationship between two people that is recognized as valid by society based on applicable marriage regulations. This research explores the differences in principles regarding the divorce of a valid marriage according to Catholic religious law and civil law. Marriage in Catholic religious law is eternal and there is no principle of divorce. Meanwhile, civil law allows divorce. Catholic marriages that are legal according to Catholic Church law but are divorced by District Court judges have created conflicting norms and incompleteness in implementing the court ruling. This research aims to examine the executive powers and challenges faced by Catholic couples who have been divorced by the district court. The research approach was carried out using a statutory approach, a conceptual approach and the legal materials used consisted of primary and secondary legal materials. The technique for collecting legal materials is carried out by selecting statutory regulations and related books. It can be concluded that a valid marriage based on positive law because it involves religious law that can be recognized and carried out in accordance with state legal norms and religious norms, but this does not apply to the divorce clause in the Marriage Law. The Executorial Power of the District Court Divorce Decision on Catholic Marriages is a decision that must be obeyed. If one of the parties decided in the case does not comply, then the state can request assistance. However, there is a new problem that was born/arises after the District Court's divorce decision against a Catholic married couple, where if they do not get a decision to annulate or annul the marriage from the Tribunal, then according to the Catholic religion, the divorce is considered to have never occurred. This affects the next process, namely if one of them wants to get married according to the procedures of the Catholic Church then this cannot be done. So there is a need for legal reform so that there is legal certainty in carrying out the execution of divorce decisions by district courts regarding Catholic marriages.
Item Type: | Thesis (Undergraduate) |
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Uncontrolled Keywords: | Marriage, Divorce, Church Law |
Subjects: | K Law > K Law (General) |
Divisions: | Fakultas Hukum > Program Studi Ilmu Hukum |
Depositing User: | 1312000082 Fransiscus Hapsektio Priyaseputra |
Date Deposited: | 29 Feb 2024 03:23 |
Last Modified: | 29 Feb 2024 03:23 |
URI: | http://repository.untag-sby.ac.id/id/eprint/29079 |
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