Abstrak :
This research is motivated by the many cases of default on promises to
marry, which are not regulated in the Marriage Law so that they can only refer to
Article 58 of the Civil Code. The purpose of this study is to find out how the
judge's considerations in deciding cases of disavow on promises to marry in
Decision No. 8/Pdt.G/2019/PN.Mme and what are the considerations in
determining the amount of compensation.
The approach method used in this research is the normative juridical
approach method. Research data is sourced from secondary data. Data collection
method is done by literature study. The analytical method used in this research is
normative qualitative.
Based on the results of the research and data analysis, it can be described
that the Judge granted the Plaintiff's lawsuit by establishing a breach of promise
to marry based on Article 1338 paragraph (2) of the Civil Code concerning the
principle of freedom of contract and Article 58 of the Civil Code where the
Plaintiff is only allowed to claim compensation. Compensation in the Judge's
decision is IDR 13,950,000 for material losses based on the evidence submitted by
the Plaintiff. While the immaterial loss is IDR 50,000,000 which is based on local
Customary Law and consideration of the position of both parties
Key words : disavow, promise to marry, compensation
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