Saturday, June 16, 2012

Unilateral Cancellation of Marriage

For those of you who are getting married, but suddenly the prospective bridegroom to unilaterally cancel the wedding, when all was prepared, building, catering, event organizer and has spread the invitation. Based on the positive law in force in Indonesia, this is what you should know.
Legal process that can be taken, as the most disadvantaged in terms of material and immateri of wedlock without notice of the cancellation of the family of the man is doing a tort lawsuit (PMH). Because there are several decisions that have broken a promise to marry claim is against the law. Although, in Article 58 of the Book of the Law of Private Law ("Civil Code") is set up:
"The promise of marriage does not cause the right to sue before Judge duration of marriage, nor does it create a right to demand reimbursement of expenses, damages and interest, due to the fulfillment of that promise, all agreements for compensation in this case is void.
However, if the notice of marriage has been followed by an announcement, then it could be the basis for suing to recoup costs, damages and interest based on the actual losses suffered by one party over the goods as a result and the rejection of the other party; in It should not be taken into account in a matter of lost profits. These demands through time with the elapse of eighteen months, starting from the announcement of the marriage." From the foregoing it can be concluded that Article 58 of the Civil Code establishes three things:
The promise to marry does not pose in front of the right to sue the judge for the marriage taken place. Also caused no right to demand reimbursement of expenses, damages and interest, due to the non-fulfillment of that promise. All indemnity agreement in this case is void.
However, if a notice of marriage has followed an announcement, then this could be the basis for the claim of loss. The expiry date to claim damages is 18 months since the announcement of the marriage plans.
In a case that occurred in West Nusa Tenggara, the Supreme Court of the Republic of Indonesia ("MARI") never condemn the defendant to PMH because of not keeping a promise to marry. Based on the defendant employer, the defendant has introduced the plaintiff as the candidate's wife to others. Some important documents, such as savings, also have been handed the defendant to the plaintiff as evidence of its seriousness would marry. They even live together. But when the women's bill promises to marry, the man's ingratitude. Supreme Court declared the man's actions "violated the norms of decency and propriety in the society".
Hence, the actions of the man regarded as a tort. So did the people of Indonesia that still holds strong traditional principles, does not keep his promise to marry could be fatal. The noise is not just a husband-wife pair of candidates, but also to a large family relationships. Such cases are handled and decided that once the Supreme Court. The men are considered to violate customary in the community pualeu manlu Biboki, Timor, because it does not keep his promise to marry women.
So, on the basis of this PMH, a lawsuit against the family of the man who canceled the marriage may be brought to court in the jurisdiction of the husband's family. And the compensation they may be prosecuted for the losses that have been suffered by the women's families. This provision also applies to the prospective bride.

8 comments:

  1. Terima kasih atas artikelnya.
    o iya selama saya jelajah mencari ilmu dengan blogwalking, menurut saya anda memiliki kelebihan tersendiri dari situs-situs lain dan jujur potensi anda juga sangat bagus, banyak juga ilmu yang saya pelajari disini jika ada waktu saya akan berkunjung lagi.

    Bila berkenan follow balik ya sob :D


    #Semoga sehat selalu :D

    ReplyDelete
  2. It's a new knowledge for me. The idea is to protect the women, right?

    www.1sthappyfamily.com

    ReplyDelete
  3. @lina, absolutely right my dear but actually its could protect both side. men or women.
    thanks for visit :-)

    ReplyDelete
  4. law field english really hard to understand. I must translate slower.

    ReplyDelete
  5. please visit
    http://gunamovie.blogspot.com

    ReplyDelete

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