Monday, January 25, 2010

Free Will to Marriage

According to definition of marriage on Compilation of Islamic Law in Indonesia, marriage is a covenant, a contract. Existance of agreement of the couple results in it as a contract.

In Private Law, agreement is requirement of validity of contract. The mean of agreement is free will. There must be free will from bride and bride-groom.

What is free will?Free will is happen if :
* There is no coercion (dwang) that breaking the law,or
* There is no error/misunderstanding about identity (error in persone/dwaling in persone); concerning in marriage is about identitiy of bride/bride-groom.

If agreement is got without free will, it can said there is defective will (cacat kehendak/wilsgebrek). And if there is no free will in performing marriage, thus the marriage is voidable. Husband or wife can ask annulment in court.

How if husband/wife not use their right to ask annulment and still living together as husband and wife is?According to aricle 27 Marriage Law number 1 year 1974 (Undang-Undang No 1/1974 tentang Perkawinan/UUP), if coercion has stopped, misunderstanding is realized, but on 6 months after it still living together as husband and wife, and they do not use their right to ask annulment, consequently the right is drop.

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