LEGAL STANDING ISTRI DALAM GUGATAN PEMBATALAN PERKAWINAN SETELAH KEMATIAN SUAMI (STUDI PUTUSAN NOMOR: 1674/PDT.G/2023/PA.MR)

An annulment of marriage can be filed for several reasons, one of which is because a husband married another woman without the consent and without the knowledge of his wife, as is the case in Decision Number: 1674/Pdt.G/2023/PA.Mr. However, the Panel of Judges rejected the lawsuit filed by the plaintiff because they considered that the plaintiff did not have the legal standing to file the lawsuit because the plaintiff's husband had died. Apart from that, there are several legal considerations which, in the author's opinion, are problematic. For example, the panel's consideration stated that the object of the case no longer exists (does not exist) due to the death of the plaintiff's husband, the legalization of the marriage between the defendant and the plaintiff's husband, which clearly resulted in a formal defect in the application for legalization of the marriage certificate submitted by the defendant. The aim of this research is to determine the process of resolving marriage annulment cases in case number: 1674/Pdt.G/2023/PA.Mr and to analyze the legal considerations of the Panel of Judges in deciding the case. The method that the author uses in this research is an empirical juridical method. This means that this research was carried out by conducting direct research in the field. Meanwhile, the approach method used is a socio-legal approach. The results obtained from this research are that the Plaintiff as a wife has legal standing as regulated in Article 73 letter b KHI jo. Article 23 letter b Law no. 1 of 1974 concerning Marriage. Seeing these facts, the author considers that the panel of judges who handle this case should be more careful and thorough in deciding the case and should use a strong legal basis, both positive law and Islamic law.