Legal Consequences Of Marriage Annulment Due To Identity Fraud

Abstract

This research analyzes the criminal law consequences arising from the crime of identity fraud in marriage, such as concealing a valid marital status. The annulment of the marriage decided by the court has legal consequences, namely the dissolution of the husband-wife relationship and the marriage being deemed never to have existed. However, this annulment is not retroactive to the status of children born, who remain legitimate and are entitled to custody and inheritance. Furthermore, the annulment is not retroactive to joint property, which must therefore be divided proportionally as stipulated in Article 28 of Law No. 1 of 1974. Criminally, the perpetrator of identity fraud can be charged under Article 263 Paragraph (1) of the Criminal Code (KUHP) and Article 279 Paragraph (1) and Article 280 of the Criminal Code (KUHP).