IDEAS home Printed from https://ideas.repec.org/a/prv/pssjpv/1329.html

Normative analysis of the legal status of Catholic church annulment in the national legal system: A comparison of the concepts of annulment and divorce

Author

Listed:
  • Emirza Nur Wicaksono

    (Universitas Terbuka)

Abstract

This study normatively analyzes the legal status of the Catholic Church’s annulment within the Indonesian national legal system by comparing the concepts of annulment and divorce. This study is normative legal research that employs statutory and conceptual approaches. The results indicate that annulment in Catholic Church Law is declarative and based on the principle of the indissolubility of marriage, thus being conceptually distinct from divorce in national law. Although annulment shares similarities with marriage annulment, the decisions of ecclesiastical tribunals do not have binding legal force in the national legal system because they are not explicitly regulated by Law Number 1 of 1974 concerning Marriage. This lack of synchronization between canon and national laws creates legal uncertainty and has implications for the protection of Catholic citizens’ rights. This research affirms the necessity of harmonizing legal norms within the framework of legal pluralism to achieve legal certainty and justice in the regulation of marital status in Indonesia

Suggested Citation

  • Emirza Nur Wicaksono, 2026. "Normative analysis of the legal status of Catholic church annulment in the national legal system: A comparison of the concepts of annulment and divorce," Priviet Social Sciences Journal, Privietlab Research Center, vol. 6(1), pages 390-399, January.
    • Handle: RePEc:prv:pssjpv:1329
    DOI: 10.55942/pssj.v6i1.1329
    as

    Download full text from publisher

    File URL: https://journal.privietlab.org/download.php?id=13148
    Download Restriction: no
    File URL: https://libkey.io/10.55942/pssj.v6i1.1329?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    More about this item

    Keywords

    ;
    ;
    ;
    ;
    ;
    ;

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:prv:pssjpv:1329. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Mochammad Fahlevi (email available below). General contact details of provider: https://journal.privietlab.org/index.php/PSSJ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.