Marriage Status Canceled by Parents After Their Child Passed Away

10.2478/bjlp-2022-002092

Abstract

This research aims to analyze marriage status canceled by parents after their child passed away. This research was carried out using a normative juridical approach. In this type of legal research, law is widely defined as the content of the legislation (law in books) or as a guideline or norm that serves as the foundation for respectful human behavior. The findings reveal that the annulment of a marriage following its dissolution due to death is an issue that can be litigated due to its various goals and legal consequences. In accordance with Article 23 letter 'a' of Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1970 Concerning Marriage, families in the direct ascending lineage of the husband or wife may petition the court for the annulment of their marriage. In addition, the legal consequence that occurs on the marital status of the woman after the decision to cancel the marriage by the Court is that she is no longer widow because the husband passed away, but is returned to the status before the annulment of the marriage.