Child Legal Status After The Court's Decision Against Marriage Cancellation

Abstract

Marriage annulment is the annulment of a husband and wife relationship after the marriage contract is held. A marriage can be annulled if it does not meet the conditions (Article 22-28 of Law Number: 01 of 1974 concerning Marriage, this means that this marriage is void because the conditions referred to are not fulfilled, but if the marriage has already been implemented then the marriage is can be annulled. The dissolution of a marriage can result in the legal status of the husband and wife and children. For the husband or wife, the legal consequences will be clear, but what is the legal status of the child who has been born due to the dissolution of the marriage. Research on the legal consequences of marriage annulment in terms of the Marriage Law No.1 of 1974 concerning marriage is a normative juridical research. As a research based on the analysis of legal norms, both law in the sense of statutory regulations and court decisions. Thus, the object of research analyzed is legal norms, both in concrete legislation and other laws and regulations. That the legal position of a child born due to an annulment of marriage is still recognized as a legitimate child born from a legal marriage between a man and a woman. Thus, as a consequence of the recognition of a legitimate child, all rights and obligations as a legitimate child also follow.