PENOLAKAN PENCATATAN PERKAWINAN OLEH KANTOR DINAS KEPENDUDUKAN DAN CATATAN SIPIL AKIBAT TERBITNYA AKTA PEMBATALAN PERKAWINAN

Abstract

The research takes the theme of the Rejection of Marriage Registration by the Office of Population and Civil Registration of the City of Mataram due to the issuance of Marriage Cancellation Certificate Number 1 dated 22 July 2017 which was made before a Notary, by discussing the issue of the strength of binding to the Marriage Cancellation deed Number 1 dated July 22 2017 and the responsibility of the notary, researched using a normative juridical research type with a statutory approach, a conceptual approach and a case approach, the following conclusions are obtained: Deed of Marriage Cancellation Number 1 dated July 22, 2017 made before a notary has no binding power, because the notary does not have the authority to make deeds cancellation of marriage, but the authority of other officials as meant by the provisions of Article 15 of the UUJN. The making of the marriage annulment deed makes the prospective wife whose request for marriage registration is rejected suffer both material and immaterial losses. For such losses, the notary can be responsible from a civil law perspective on the basis of having committed an unlawful act as referred to in Article 15 UUJN in conjunction with Article 1365 KUH Perdata.