Authority of State Lawyers in Application for Cancellation of a Marriage, Reviewed From Law Number 16 of 2004 Concerning the Attorney General's Office

Abstract

Cancellation of same-sex marriage is a marriage that violates the conditions for a marriage and based on Article 26 of Law Number 1 of 1974 concerning Marriage, the State Attorney General has the authority to cancel the marriage. It's just that this authority is not clearly regulated in Law Number 1 of 1974 concerning Marriage and other marriage regulations in Indonesia. The cancellation of a marriage does not happen automatically, but must go through a court, which is submitted by the authorized parties to apply for a marriage cancellation as provided for in Articles 23 and 26 paragraph (1) of Law Number 1 of 1974 concerning Marriage. Based on these thoughts, the problems examined are : (1) What is the legal position of same-sex marriage according to the provisions of marriage law in Indonesia, (2) What is the authority of the State Attorney as the applicant for filing the annulment of same-sex marriage according to Indonesian law, and (3) What is the legal consequences? of the cancellation of same-sex marriage according to Indonesian law. This study uses a normative juridical method with a literature approach. The results of the research concluded that : (1) That same-sex marriage does not have a legal position in Indonesia because it is not recognized in the marriage law in Indonesia and is against the law and moral values and religious values and is also against public order because it causes unrest in society. (2) The authority of the State Attorney General in canceling same-sex marriage according to the provisions in Article 26 Paragraph (1) of Law Number 1 of 1974 concerning Marriage and also the authority in the field of public order for the sake of upholding public order in society, (3) That the legal consequences of the cancellation of this type of marriage is the cancellation of the marriage by the Religious Court and Marriage Certificate Number : 0447/062 / VII / 2017, dated July 19, 2017 issued by the Ajung District Religious Affairs Office has no legal force.