Ratio Decidendi Judge's Decision in Case Cancellation Marriage : Antinomy between Justice and Legal Certainty at the Cibinong Religious Court

Marriage annulment cases in Indonesia often reveal a fundamental tension between the principles of legal certainty and substantive justice, particularly in religious courts where statutory norms intersect with moral and cultural values. This study focuses on the annulment case Number 7584/Pdt.G/2021/PA.Cbn at the Cibinong Religious Court, where the judge’s decision prioritized a strict textual interpretation of the law, emphasizing legal certainty while potentially overlooking the moral and social harm experienced by the plaintiff. The purpose of this research is to analyze the ratio decidendi underlying the decision, examining how the balance between justice and legal certainty is operationalized in judicial practice. Using a juridical-normative approach, this study draws on statutory, conceptual, and case-based analyses supported by primary and secondary legal materials, including court decisions and relevant literature. The findings indicate that the court’s reasoning reflects a firm adherence to positive law, defining fraud narrowly in line with the Marriage Law and the Compilation of Islamic Law, and excluding failure to fulfill a dowry promise as a ground for annulment. While this ensures consistency, it limits judicial flexibility to address substantive justice. The implications of this study are twofold: first, it underscores the need for progressive interpretive methods, such as hermeneutic and teleological reasoning, to harmonize legal certainty with justice; second, it provides practical recommendations for judicial training, legislative reform, and scholarly frameworks that integrate maqasid al-shariah with positive law to guide future decisions.

Authors

Institutions

Publication Details

Journal
Indonesian Cyber Law Review
Published
2025-08-13
DOI
https://doi.org/10.59261/iclr.v2i2.20
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Ratio Decidendi Judge's Decision in Case Cancellation Marriage : Antinomy between Justice and Legal Certainty at the Cibinong Religious Court

Mahipal Mahipal, Muhammad Nur Hussein Wahyudin, Andi Muhammad Asrun, Uu Lukmanul Hakim et al.
1 links
Indonesian Cyber Law Review
Legal Studies and Policies
article

Ratio Decidendi Judge's Decision in Case Cancellation Marriage : Antinomy between Justice and Legal Certainty at the Cibinong Religious Court

Mahipal Mahipal, Muhammad Nur Hussein Wahyudin, Andi Muhammad Asrun, Uu Lukmanul Hakim, Charles Sugiarto Sitorus
article en

Abstract

Marriage annulment cases in Indonesia often reveal a fundamental tension between the principles of legal certainty and substantive justice, particularly in religious courts where statutory norms intersect with moral and cultural values. This study focuses on the annulment case Number 7584/Pdt.G/2021/PA.Cbn at the Cibinong Religious Court, where the judge’s decision prioritized a strict textual interpretation of the law, emphasizing legal certainty while potentially overlooking the moral and social harm experienced by the plaintiff. The purpose of this research is to analyze the ratio decidendi underlying the decision, examining how the balance between justice and legal certainty is operationalized in judicial practice. Using a juridical-normative approach, this study draws on statutory, conceptual, and case-based analyses supported by primary and secondary legal materials, including court decisions and relevant literature. The findings indicate that the court’s reasoning reflects a firm adherence to positive law, defining fraud narrowly in line with the Marriage Law and the Compilation of Islamic Law, and excluding failure to fulfill a dowry promise as a ground for annulment. While this ensures consistency, it limits judicial flexibility to address substantive justice. The implications of this study are twofold: first, it underscores the need for progressive interpretive methods, such as hermeneutic and teleological reasoning, to harmonize legal certainty with justice; second, it provides practical recommendations for judicial training, legislative reform, and scholarly frameworks that integrate maqasid al-shariah with positive law to guide future decisions.

Indonesian Cyber Law ReviewVol. 2(2)
Pakuan University (ID)
Openalex Percentile: Top 66%
Legal Studies and Policies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Ratio Decidendi Judge's Decision in Case Cancellation Marriage : Antinomy between Justice and Legal Certainty at the Cibinong Religious Court — Mahipal Mahipal, Muhammad Nur Hussein Wahyudin, et al. · Indonesian Cyber Law Review (2025) | TGRS Research Map | TGRS