Indonesian Marriage annulment would means to dissolve a marriage performed, with the same effect and as if there was no marriage has been consummated between the parties. The marriage annulment is basically a legal action applied to the courthouse in order to obtain a verdict which declared that the marriage is not legally valid, therefore the marriage is will be considered to have never existed.
Certain points can be taken from the marriage annulment is: a). The marriage performed will have no legal effect and has no legal standing in front of the law; b). The marriage performed will be considered vanished, as if there were no marriage performed between the parties; c). The parties that conduct the marriage will returned to their previous status before the marriage took place, or considered as never conducting any marriage before.
Indonesian marriage annulment is one of the means to dissolve a marriage, but its completely different from an Indonesian divorce though both process require a court verdict, divorce is the termination of a valid and existing marriage, either by mutual consent or at the request of one of the parties, after the divorce took place, both of the parties will hold their current civil status as the widow and widower, while in the case of the Indonesian marriage annulment, the marriage is contains deficiencies and material defects regarding the requirements to perform the legal marriage as determined by the laws and regulations in effect therefore the marriage can be annulled.
There are certain criteria of the person that could apply for the Indonesian marriage annulment. The Indonesian civil code defines the criteria as:
- By those who because of a previous marriage have been bound by one of the husband and wife;
- By the husband or the wife;
- By blood relatives in a straight line upwards;
- By all those who have an interest in the annulment;
- By the Prosecutor’s Office”
Depending on the marriage case for which the cancellation is to be requested, in the case of violation of monogamy principle, the Indonesian marriage annulment can be requested by:
- The husband and wife from previous marriage with the party;
- The husband and wife from the current marriage;
- The blood-related family in an upward line;
- Anyone that have interests in the Indonesian marriage annulment, this includes children from the previous marriage;
- The District attorney.