The Analysis of Supreme Court Decision Number 3277 K/Pdt/2000 Regarding the Non-Fulfillment of Marriage Promise Based on Law Number 1 of 1974 on Marriage

Abstract

Marriage is the emotional and physical bond between a man and a woman as husband and wife with the intention of forming a family (household) happy eternally based on God. Before the marriage takes place between a man and a woman do, a deal that became known as the promise of different mating with the marriage covenant as set Marriage Act. This study aims to determine the non-fulfillment of a promise to marry, including tort and determine according to Law No. 1 of 1974 on marriage with non-fulfillment of a promise to marry is associated with the decision of the judges of the Supreme Court No. 3277 K/Pdt/2000 regarding non-fulfillment of the promise of marriage. This research was conducted by using the method of juridical normative. The research specifications used in this research was descriptive analysis. It describes the study of law against the non-fulfillment of a promise to marry is connected with the legislation in force and legal theories that support and analyze the constraints that often appears in practice that by studying documents and interviews. Based on the survey results revealed that the non-fulfillment of a promise to marry an unlawful act by the discovery of the law made by judges based on the Hoge Raad Arrest 1919 then the decision becomes jurisprudence. While the Marriage Act as legislation is national, not states clearly what is meant by the promise implied mating exception in Article 6 paragraph (1) of the Marriage Law, which says that marriage is based on consent? Then, based on Article 66 of the Marriage Law says that during the Marriage Act have not been set, then the legislation earlier is still set, then what was mentioned by Article 58 of the Civil Code regarding the appointment mating and a common purpose with the promise mating contained in Articles 11, 12, 13 KHI on making a proposal can be used to understand what is meant by the promise of marriage. So that the judge's decision in case No. 3277 K/Pdt/2000 regarding non-fulfillment of a promise to marry in accordance categorized as an unlawful act.