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Volume 4, No. 1 January 2025 - (72-82)
p-ISSN 2980-4868 | e-ISSN 2980-4841
https://ajesh.ph/index.php/gp
Annulment of Marriage Due to Identity Fraud Based on the Marriage Law and
the Compilation of Islamic Law
Feralda Mulqiatama1*, I Made Pria Dharsana2
Universitas Indonesia, Indonesia
Emails: feralmulqia07@gmail.com1, Imadepriadharsana@gmail.com2
ABSTRACT
Marriage is a physical and spiritual bond between a man and a woman as husband and wife to establish
a happy and everlasting family based on belief in God Almighty. In practice, marriage must fulfill the
prescribed formal and material requirements. If these requirements are not met, the marriage can be
annulled, leading to various legal consequences. This research aims to analyze the legal impacts of
marriage annulment due to identity fraud based on the Marriage Law and the Compilation of Islamic Law.
The research method employed is normative juridical with a doctrinal approach, utilizing secondary data
from document studies and case analysis. The results indicate that marriages conducted with identity
fraud are declared null and void by a court decision, rendering the marriage as though it never existed.
This decision affects joint property and the legal status of children born from such marriages. This research
has implications for strengthening legal regulations to prevent identity fraud in marriages and raising
public awareness of the importance of validating marriage documents.
Keywords: Marriage, Identity Falsification, Marriage Cancellation.
INTRODUCTION
Humans, as social creatures, live side by side and need each other. One form of human
coexistence is marriage. Marriage means affection, which is the result of a sacred association of
affection between two humans, and therefore, they bind themselves to each other with the aim
of building a household (Maimun, 2022). In Indonesia, marriage is regulated by Law Number 16
of 2019, amending Law Number 1 of 1974 (hereinafter referred to as the Marriage Law).
Marriage, according to the Marriage Law, is a physical and mental bond between a man and a
woman, as husband and wife, with the aim of forming a happy and eternal family (household)
based on God Almighty (Munawar, 2015). According to the Compilation of Islamic Law
(hereinafter referred to as KHI), marriage is defined as a contract or agreement mission ghalidzan
from a woman's father to a man of his choice with the aim of obeying Allah's commands and the
purpose of marriage is to create a sakinah mawaddah warmth household life. In addition to being
explained in the Marriage Law and KHI, the 1945 Constitution of the Republic of Indonesia also
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explains marriage as explained in Article 28 B paragraph (1) that everyone has the right to form
a family and continue their descendants through legal marriage.
The Marriage Law explains that marriage must fulfill the conditions, namely that it must be
based on the consent of the bride and groom, the minimum age of the candidate is 21 (twenty-
one) years, and if below this age, they must obtain permission from both parents or one of them
if they are deceased or a guardian if both parents have died or are unable to carry out their will.
Such permission may be granted to candidates who have reached the age of 19 years for males
and 16 years for females, and if they have not reached this age limit, dispensation may be sought.
The Compilation of Islamic Law also regulates the pillars of marriage as stipulated in Article
14 KHI that the pillars of marriage include:
1. The prospective husband and prospective wife must fulfill the criteria mentioned in Article 7
of the Marriage Law and also with the consent of both parties;
2. Wali nikah, wali nikah can be in the form of nasab wali or wali hakim required for the
prospective wife who acts to marry her, provided that the wali is a Muslim who is aqil and
baligh.
3. Two witnesses must be present when the marriage takes place, and the witnesses must be
Muslim men, fair, equal baligh, not impaired memory, and not deaf or hard of hearing;
4. Ijab and Kabul.
After fulfilling the conditions and pillars based on their beliefs, the marriage can be carried
out, after the marriage takes place, it needs to be recorded at the Office of Religious Affairs or
the Population and Civil Registration Office so that the marriage can be recognized. As stated in
article 4 KHI a marriage is valid if it is carried out according to Islamic Law in accordance with
article 2 paragraph (1) of the Marriage Law.
Both candidates, in carrying out their marriage, expect harmony, comfort, and fulfillment
of the purpose of the marriage, which, according to the Marriage Law and KHI, is to form a lasting
and harmonious household. Although everyone hopes that everything will be fine in their
marriage, it does not rule out the possibility that there are marriages that can end or break up.
Marriage can end or break up due to three things, namely death, divorce, and a court decision
(Kasim & Semiaji, 2022). Marriage is a pure bond, so to carry it out, it must begin with good
intentions and good intentions; one example of a marriage that is not based on good faith is a
marriage that is carried out by deceiving the identity of the husband or wife.
Identity is proof of a person's identity, be it regarding a person's name, address, occupation,
and status (Siswosoediro, 2018). In carrying out marriage, the identity of the prospective husband
or wife is very necessary both as an administrative requirement and during the marriage process.
Forgery can be interpreted as dishonesty, and marriage is a bond or agreement, so to enter into
a marriage, it must fulfill Article 1320 of the Civil Code concerning agreements. Article 1320 of
the Civil Code regulates the valid requirements of an agreement, which consist of agreement,
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capability, halal causa, and the existence of a cause. Therefore, if a marriage is carried out with a
falsified identity, the marriage violates the provisions in Article 1320 of the Civil Code.
The annulment of marriage, according to Soedaryo Soimin, is an act of court decision
stating that the marriage is invalid; as a result, the marriage is considered never to have existed
(ALAM & REVISA, 2022). Marriage annulment can also be carried out because the marriage that
is held does not fulfill the conditions of marriage; besides that, it can also be done because, in
marriage, there is an element of fraud in the identity of the husband or wife (Anam, 2017). For
this false identity, the marriage can be canceled by requesting an annulment application to the
Court so that with a court decision, the marriage is declared to have never existed or never been
carried out (Purwadi & Daromi, 2019).
The annulment of marriage is regulated in the Marriage Law Article 27 paragraph (2) and
also the Compilation of Islamic Law in Article 71, which states that a marriage that is entered into
based on fraud or misrepresentation regarding the data of the husband or wife can be annulled.
A case of marriage annulment due to falsification of identity occurred in Jambi, where the legal
wife annulled her husband's marriage by submitting a marriage annulment application to the
Sengeti Religious Court. The legal wife (hereinafter referred to as Mrs. A) filed an application for
annulment of her husband's marriage (hereinafter referred to as Mr. P) with a woman
(hereinafter referred to as Mrs. D) and from the marriage of Mr. P and Mrs. D there was 1 (one)
child, it was known that Mr. P had committed fraud on Mrs. D by claiming to be a virgin and Mr.
P married Mrs. D while still being the husband of Mrs. A. In the case, it was stated that the
marriage between Mr. P and Mrs. D was annulled due to identity fraud. In this case, it was stated
that the marriage between Mr. P and Mrs. D violated the terms and principles of marriage,
namely falsifying identity and marrying a second time without the permission of Mrs. A. Upon
the annulment of the marriage, there will be legal consequences both relating to Mr. P, Mrs. D,
and the child who was born. Therefore, this research will examine the legal consequences of the
annulment of marriage based on the Marriage Law and the Compilation of Islamic Law.
Based on the background described above, the objective of this research is to conduct an
in-depth analysis of the legal consequences of marriage annulment due to identity falsification,
from the perspective of both the Marriage Law and the Compilation of Islamic Law (KHI). This
research also aims to identify how legal provisions are applied in similar cases and their impact
on the parties involved, including the husband, wife, and child born from the marriage. The
benefits of this research include contributing to the development of legal studies on marriage
annulment, particularly concerning identity falsification. Furthermore, this research is expected
to serve as a reference for legal practitioners, judges, notaries, and the public in understanding
the legal aspects of marriage annulment, thereby raising legal awareness and encouraging the
conduct of marriages in accordance with applicable laws. This research also provides
recommendations for strengthening legal regulations to prevent identity falsification in
marriages in the future.
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RESEARCH METHOD
This research is a type of normative juridical doctrinal legal research conducted by
examining the contents of laws and regulations. The approach of this research is to use literature
studies, namely primary legal materials such as the Civil Code, the Compilation of Islamic Law,
and Law Number 16 of 2019 concerning Amendments to the Marriage Law, Law Number 1 of
1974 concerning Marriage. Secondary legal materials consist of books by jurists, explanations of
laws, jurisprudence, scientific journals, dictionaries, and so on. The data collected is then studied,
examined, and analyzed in a qualitative juridical manner. The qualitative juridical analysis
method is carried out by reading and researching the literature materials that have been
obtained, analyzing them from the side of problem identification, and then processing them into
scientific research writing.
RESULT AND DISCUSSION
Concept of Marriage
Marriage according to the Civil Code
The Civil Code (hereinafter referred to as the Civil Code) regulates marriage in Book I Article
26 that marriage is only seen as a civil relationship that aims to organize a lasting unity of life,
and marriage can be declared valid if it fulfills the conditions that have been determined (Tutik &
SH, 2015). The conditions for marriage are divided into 2 (two), namely:
a. Material Requirements
a) There is an agreement between the bride and groom
b) Between one woman and one man
c) Females must be at least 15 years old, and males must be at least 18 years old.
d) Adheres to the principle of monogamy and prohibits polygamy.
b. Form requirements
a) Notification is made to the registrar to make a marriage certificate
b) Making announcements about the marriage to take place
Marriage according to the Marriage Law
The Marriage Law defines marriage as a physical and mental bond between a man and a
woman as husband and wife with the aim of forming a happy and eternal family based on God
Almighty (Waluyo, 2020). In the Marriage Law, it is stated that the solemnization of marriage is
not necessarily declared valid because marriage can be declared valid if, after the solemnization
of marriage, a record is made by the recording officer (AΓÇÖyun & Hidayatullah, 2023). The
conditions of marriage in the Marriage Law also consist of 2 (two) types, namely:
a. Material Requirements
a) Consent of the prospective husband and the prospective wife;
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b) Permission from both parents if the candidate has not reached the age of 21 years;
c) Dispensation to marry from the Court for men under the age of 19 and women under the
age of 16;
d) The iddah period for a woman who marries for the second time is divorced by death for
130 (one hundred and thirty) days and divorced by life for 90 (ninety) days or 3 (three)
times pure;
e) Adopt the principle of monogamy (having one wife);
f) If it is desired to have more than one wife or deviate from the principle of monogamy, it
must be with the permission of the previous wife with predetermined conditions and also
court permission. Not having blood relations in the lineup and down, either because of legal
birth illegitimate, the birth, or because of marriage in the line to the side between brothers
and sisters;
g) Both parties are not bound by marital status.
b. Form requirements
a) Notification is made before the marriage takes place to the marriage registrar to make a
marriage certificate;
b) Making an announcement of the marriage.
Marriage According to the Compilation of Islamic Law
Marriage is a very strong contract or mission ghalidzan to obey Allah's commands, and
carrying it out is an act of worship (Anam, 2019). In KHI, marriage must fulfill the conditions and
pillars, namely:
a. Future husband;
b. Wife-to-be;
c. Wali nikah;
d. Two witnesses;
e. Ijab and Kabul.
Marriage, according to experts (Definition ID, 2024).
a. Hazairin's marriage is a relationship between two people who must be of different sexes, and
there is a division of roles and responsibilities.
b. Subekti marriage is a legal relationship that occurs between a man and a woman for a long
period of time.
c. Wirjono Prodjodikoro marriage is a man and a woman living together by fulfilling the
conditions stipulated in the regulations.
d. Soetoyo Prawirohamidjojo marriage is a life partnership that occurs between a man and a
woman, is formally legalized by Law, and is generally religious in nature.
e. M. Idris Ramulyo's marriage is a strong and sturdy holy agreement to live legally together
between a man and a woman with the aim of forming a family that is eternal, safe, peaceful,
polite, and loving.
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From the various definitions of marriage mentioned above, it can be concluded that
marriage is a relationship between a woman and a man, binding himself in a sacred manner to
build an eternal household by fulfilling the applicable conditions and rules. If these conditions are
not heeded, the marriage can be canceled by a court decision if it does not meet the material
requirements and is null and void if it does not meet the formal requirements, where the
marriage is automatically considered never to have existed.
The purpose of marriage is to build an eternal and lasting household, but it does not rule
out the possibility that a marriage can end, either because of divorce or annulment (ISMI, 2023).
As previously mentioned, marriage is dissolved due to three things, namely divorce, death, and
court decisions. Marriage annulment is one form of marriage dissolution caused by a court
decision. It is stated in Article 85 of the Civil Code that the annulment of marriage can be declared
valid by a judge's decision, so in this case, the annulment of marriage must be requested by one
of the parties to the Court by providing reasons which the judge then analyzes and considers
whether the application can be granted or not. If the judge decides that the marriage is void, the
marriage is considered to have never existed.
In this case, the annulment of marriage was carried out by the legal wife to her husband
and other wives where the marriage occurred because the husband used a fake identity to marry
his new wife by claiming to be a virgin but, in fact, was married and not divorced and in that case,
the new wife did not know the truth and was also deceived by the husband's actions. Identity is
a form of material requirement, and if there is identity forgery, then what is violated is a material
violation and has material consequences as well, where the material consequences are that the
marriage can end with a decision from the Court.
Identity can be equated as an authentic deed where in Article 1868 of the Civil Code, it is
stated that an authentic deed is a deed made in the form prescribed by Law and made by/before
a public official authorized to do so, at the place where the deed is made. In this case, the forgery
of identity committed by Mr. P by falsifying his status is an act of forgery of an authentic deed
because the identity card is made based on the provisions contained in Article 1868 of the Civil
Code.
Concept of Marriage Annulment
Basically, the marriage law does not regulate the definition of marriage annulment or the
implementation of the marriage law, namely, Government Regulation Number 9 of 1975.
Abdurrahman defines annulment of marriage as an action taken by one of the parties, either the
husband or the wife because the implementation of the marriage does not fulfill the specified
conditions of marriage. Rahman and Sukardja said that marriage could be canceled if the
conditions of marriage are not fulfilled and the annulment of marriage can only be decided by
the authorized Court for Muslims, decided by the Religious Court, and for non-Muslims, decided
by the District Court; where the Court's decision states that the marriage is invalid because it
violates the provisions that have been regulated, therefore the marriage is considered never to
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have existed (Zainuri, 2019). So 3 (three) conclusions can be drawn regarding the annulment of
marriage, namely:
a. That the marriage is considered invalid;
b. It is assumed that it never existed on its own;
c. Men and women whose marriages are annulled are considered never married.
Article 22 of the Marriage Law states that a marriage can be annulled if the parties do not
fulfill the conditions for entering into a marriage as mentioned above. So, it is clearly stated that
if the conditions of marriage are not fulfilled, the marriage can be canceled. Identity is a material
requirement of marriage which aims to see whether a person is not married or has been married
or is even in a marriage with someone else because falsification of identity in marriage is usually
done to convince his partner of his status, be it still a virgin or to cheat to remarry or polygamy,
while Indonesia adheres to the principle of monogamy where a husband is only allowed to have
one wife and not many wives want to be polygamous or become a man's second wife, so that
identity is needed to avoid a second marriage without permission (Saputra, 2021).
Falsification of identity can be a cause for annulment of marriage as stated in Article 26 of
the Marriage Law, which regulates the reasons for applying for annulment of marriage (Ramadi,
2020) (Ticoalu, 2024), namely:
a. Marriages solemnized in the presence of an unauthorized marriage registrar;
b. The marriage guardian is invalid;
c. Marriages that are not attended by two witnesses;
d. During the course of a marriage, there may be mistaken beliefs about the husband or wife.
In the case of the annulment of marriage committed by Mr. P by falsifying his identity and
claiming to be a virgin and marrying Mrs. D a virgin so that Mrs. D wanted to marry Mr. P, but in
fact, after the marriage between Mr. P and Mrs. D took place it was discovered that Mr. P was
still married to Mrs. A, so Mrs. D felt cheated by Mr. P because previously Mr. P claimed to be a
virgin. Mrs. A also felt betrayed by Mr. P for marrying a second time with another person without
her knowledge and permission. Basically, Indonesia adheres to the principle of monogamy, and
if a husband wants to remarry, he must get permission from the first wife by meeting the criteria
of someone who is allowed to remarry and also getting court permission. In KHI, it is stated that
there are two types of marriage annulment, namely, marriage can be "null and void" or "can be
canceled." Marriage void for the sake of Law is regulated in Article 70 KHI, while marriage data
canceled is regulated in Article 71 KHI (Kurniawan, 2020).
Article 70 KHI stipulates that marriage is null and void if:
a. The husband entered into a marriage contract when he was not entitled to do so because he
already had four wives. Even if one of the four wives is in Iddah talaq Rajni,
b. One man married his ex-wife, whom he had divorced..;
c. A man marries his ex-wife, whom he has divorced three times;
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d. Marriage is entered into between two persons who are related by blood in a straight line of
descent downwards or upwards;
e. Marriage is entered into between two persons who are related by blood in the lateral line,
namely between brothers, between a person and his parents' brother, and between a person
and his grandmother's brother;
f. The marriage is between two people who are related by marriage, namely in-laws,
stepchildren, daughters-in-law and stepfathers' mothers;
g. Marriage between two people who are related by consanguinity and aunt or uncle by
consanguinity;
h. Marriage is entered into by a sibling of the wife or as an aunt or niece of the wife or his wife;
i. A husband commits polygamy without the permission of the Religious Court;
j. The married woman is still in the iddah period from another husband;
k. Marriages that are entered into in violation of the marriage age limit;
l. Marriages performed without a guardian or performed by an unauthorized guardian;
m. Marriages that are entered into under duress;
n. Marriages entered into under unlawful threats;
o. A marriage is contracted through deception or misrepresentation of the husband or wife.
Then regarding marriage can be canceled is regulated in Article 71 KHI, including:
a. A husband commits polygamy without the permission of the Religious Court;
b. The woman who is married is later found to be legally the wife of another man;
c. The woman being married is still in a state of waiting (iddah);
d. Marriages that are entered into violate the age limit for marriage as stipulated in Article 7 of
the Marriage Law;
e. Marriages performed without a guardian or performed by an unauthorized guardian;
f. Marriages performed under duress;
g. Marriages entered into under unlawful threats;
h. Marriages are conducted through identity fraud, where a man claims to be a virgin at the time
of marriage but, in fact, has a wife, resulting in polygamy without court permission.
So, both the Marriage Law and KHI clearly regulate that a marriage based on identity
forgery can be canceled. Mr. P, who is still the husband of Mrs. A and Mr. P, falsified his identity
in order to carry out his second marriage. It can be said that the second marriage that was held
did not meet the requirements of marriage, so it is appropriate to cancel the marriage because
it has fulfilled the existing reasons.
An application for annulment of marriage cannot be submitted by just anyone where Article
23 of the Marriage Law states that there are 4 (four) parties who can apply for annulment of
marriage, namely families in a straight line of descent upwards from the husband or wife, the
husband or wife himself, authorized officials only as long as the marriage has not been decided,
and appointed officials and everyone who has a direct legal interest in marriage. Meanwhile,
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according to Article 73 KHI, those who can apply for annulment of marriage are family members
in a straight line of descent up and down from the husband or wife, husband or wife, authorized
officials regarding the implementation of marriage according to the Law, and interested parties
who are aware of defects in the pillars and conditions of marriage. In this case, Mrs. A was the
legal wife of Mr. P and filed a petition for annulment of the marriage of her husband to a woman.
Therefore, the action taken by Mrs. A was in accordance with the governing provisions.
Consequences of Marriage Annulment
The annulment of marriage has several consequences, both for husband and wife, children,
and also their property, where initially there was a bond between the two in all respects with the
annulment of marriage resulting in the release of several things that had been bound before
(Mukminin, 2021).
Husband and Wife Status
With the annulment of marriage, the status of the husband and wife of the marriage ends
based on the Court's decision and it is considered that there was never a marriage between the
two or the marriage did not exist. So that Mr. P and Mrs. A are considered to have never entered
into a marriage.
Joint Property
The annulment of marriage has an impact on the joint property of husband and wife; Article
28 of the Marriage Law states that the decision to annul a marriage does not apply retroactively
to a husband or wife who acts in good faith, except for joint property if the annulment is based
on the existence of another previous marriage, it can be concluded that the annulment of
marriage results in the property being returned to each party (Hardhani & Mulyadi, 2016).
Child Born
The annulment of marriage causes the marriage to be considered never existed. Then what
about the status of the children who have been born? According to Yahya Harahap, the mistakes
that occur because of parents should not be imposed on children born from the annulled
marriage so that despite the annulment of marriage, the legal status of the child is still clear and
official as the legal child of his parents (Fahrudin et al., 2013). This is seen from the humanitarian
side and the interests of children. It is explained in Article 28, paragraph (2), that the annulment
of marriage does not apply retroactively to children who have been born from the marriage. It is
also explained in KHI in Article 75, where the decision to annul a marriage does not apply
retroactively to children born from the marriage, and in Article 76, KHI as an explanation that the
annulment of a marriage will not break the legal relationship between the child and his parents.
So even though the marriage between Mr. P and Mrs. D has been annulled as explained both
according to the Marriage Law and KHI, the children born from the marriage remain the
legitimate children of Mr. P and Mrs. D.
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CONCLUSION
Marriage annulment can be carried out if the marriage does not fulfill the pillars and
conditions specified in the Marriage Law and the Compilation of Islamic Law (KHI). This happens
because marriages with legal defects are considered void, for example, if there is falsification of
identity in order to get married. In this case, the annulment of marriage can only be submitted
by authorized parties through the Court, and based on the Court's decision, the marriage can be
declared void. This annulment has several legal consequences, including the marriage between
husband and wife being considered to have never existed. However, for children who have been
born, the annulment of marriage does not apply retroactively, so the children are still considered
the legitimate children of their parents. Regarding joint property, it will be returned to each party
according to their status before the marriage.
As a suggestion, prospective brides and grooms should check each other's identity and
status before entering into a marriage to avoid the risk of problems such as identity forgery. In
addition, marriage registration officers need to ensure the accuracy of the documents submitted
and not be involved in violations such as identity forgery. With the officer's caution and
thoroughness, the risk of a legally defective marriage can be minimized so that the potential for
marriage annulment can be avoided from the start.
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Feralda Mulqiatama, I Made Pria Dharsana (2025)
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