科研速览 · Science Skim继续刷下去 · Keep skimming →
◆ JIHK2026-07-31· Legal research

Legal Protection for Victims of Unilateral Cancellation of Marriage Following Engagement

Roy Ronny Lembong, Harly Stanly Muaja, Hironimus Tororeh

原始摘要(英文原文)· Original abstract
The unilateral cancellation of marriage following engagement may cause significant legal harm because Indonesian law does not explicitly regulate pre-marital legal relationships. This study examines the legal consequences of such cancellations and evaluates the effectiveness of existing legal protection under Law No. 1 of 1974 on Marriage, as amended by Law No. 16 of 2019, Articles 58 and 1365 of the Indonesian Civil Code, relevant legal doctrines, and judicial precedents. Using a normative legal research method with statutory, conceptual, and case approaches, the study analyzes primary, secondary, and tertiary legal materials. The findings indicate that unilateral cancellation following engagement constitutes a tort by causing economic, non-economic, social, psychological, and cultural harm. The current legal framework remains predominantly remedial, creating legal uncertainty. Therefore, regulatory reform is needed to establish integrated preventive and remedial legal protection for affected parties.
读原文 · Read the paper ↗

AI 追问PRO

登录后使用 AI 追问

讨论区

登录后参与讨论

相关论文 · Related

Legal Protection for Victims of Unilateral Cancellation of Marriage Following Engagement — 科研速览 Science Skim