Volume 07 Issue 12 December 2024
1Deity Yuningsih, 2Asri Sarif, 3Putri Syabinah Harun Liambo, 4Guswan Hakim, 5Wa Ode Zuliarti, 6Idris Saputra, 7Ruliah, 8La Ode Muhammad Saleh Saputra
1,2,3,4,5,6Law Faculty Halu Oleo University, Kendari, Indonesia
7,8Faculty of Law, Halu Oleo University, Indonesia
DOI : https://doi.org/10.47191/ijsshr/v7-i12-31Google Scholar Download Pdf
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)
KEYWORDS:Judge’s Consideration, Marriage Promise, Breach of Contract
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