Legal Analysis of Judge’s Consideration in Marriage Promise Case at Maumere District Court
Journal Title: International Journal of Social Science And Human Research - Year 2024, Vol 7, Issue 12
Abstract
This research was conducted with the aim of determining whether the judge's considerations in the Maumere District Court Decision Number 8/Pdt.G/2019/ Pn.Mme regarding breach of marriage vows were in accordance with applicable law. This research is a normative legal research, namely research that focuses on studying the application of rules or norms in positive law. With the Case Approach method, Statute Approach and Conceptual Approach. And this research, the analysis of legal materials used is prescriptive, namely presenting legal materials and information which are then analyzed using several conclusions as findings from research results. The results of the study show that: the consideration of the panel of judges in Decision Number 8/Pdt.G/2019/PN.Mme regarding this matter, the judge granted the plaintiff's lawsuit as an act of breach of contract, so that it contradicts the results of the author's research that the plaintiff should have filed a lawsuit with the type of lawsuit for Unlawful Acts (PMH), because this has harmed others. The promise of marriage is a form of Unlawful Act (PMH), the implications that arise are losses in the form of Material losses and Immaterial losses, thus it is inappropriate if in the Maumere District Court Decision Number 8/Pdt.G/2019/PN.Mme the panel of judges granted the plaintiff's lawsuit with an act of breach of contract, in line with this matter it also contradicts the Supreme Court Decision Number 3191 K/Pdt/1984 that the promise of marriage is a form of Unlawful Act (PMH)
Authors and Affiliations
Deity Yuningsih, Asri Sarif, Putri Syabinah Harun Liambo, Guswan Hakim, Wa Ode Zuliarti, Idris Saputra, Ruliah, La Ode Muhammad Saleh Saputra
Keywords
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- EP ID EP752828
- DOI 10.47191/ijsshr/v7-i12-31
- Views 50
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