PEMBERLAKUAN ASAS BERLAKU SURUTDALAM PERKARA PEMBATALAN PERKAWINAN DI UNDANG-UNDANG PERKAWINAN

Authors

  • Ali Imron

DOI:

https://doi.org/10.31942/jqi.v9i1.1749

Abstract


The implementation of law retroactively within crime law will give more bad effects for the one
who commit the crime. It will also make the chaos of law and the vanishing of law certainty.
Therefore, the retroactive act is forbidden in 1945 Constitution.In marriage law, it is stated that
the disengage of marriage starts after the court verdict has certainty law power and the verdict
applies since the beginning of the marriage. This verdict contains the retroactive act in the
means of the disengage of marriage, that is it applies backwards since ijab qabul or the
beginning of the marriage.The disengage of marriage retroactively in certain case will give
more justice opportunity, it will also be more useful, and give a better law for related
persons.The application of retroactive act is not without condition, however, it looks more on
the justice dimensions, and the usefulness of the law that will be applied.

Key words: Islamic law, marriage, retroactive act.

 

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Published

2017-05-05

Issue

Vol. 9 No. 1 (2016): Qistie

Section

Articles

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