ANALISIS PUTUSAN HAKIM TENTANG PEMBATALAN PERKAWINAN KARENA HUBUNGAN DARAH DALAM GARIS MENYAMPING (Studi Putusan Nomor 55/Pdt.G/2023/PA.Mks)

This study aims to analyze the judge’s legal considerations in deciding a case of marriage annulment due to consanguinity in the collateral line, as stipulated in the Makassar Religious Court Decision Number 55/Pdt.G/2023/PA.Mks, as well as to determine the legal consequences arising from such annulment on the status of the child born from the marriage. The type of research used is normative juridical research, employing statutory, conceptual, and case approaches. The findings indicate that the judge, in deciding the annulment case, considered the provisions of Article 8(b) of Law Number 1 of 1974 and Article 70(d) of the Compilation of Islamic Law, which explicitly prohibit marriage between individuals related by blood in the collateral line. The judge’s consideration was also based on the protection of lineage integrity and moral values within society. The legal consequence of the annulment is that the marriage is deemed never to have existed from the beginning; however, this ruling does not apply retroactively to the child born from the marriage, who remains recognized as a legitimate child in accordance with Article 28(2) of Law Number 1 of 1974 and Articles 75(b) and 76 of the Compilation of Islamic Law. The recognition of the child as legitimate does not eliminate the rights and obligations between parents and the child, including inheritance rights and guardianship once the child reaches adulthood and marries.