Authority of State Lawyers in Application For Cancellation of A Marriage,Reviewed From Law Number 16 of 2004 Concerning the Attorney General'SOffice

Cancellation of same-sex marriage is a marriage that violates the conditions for a marriage andbased on article 26 of law number 1 of 1974 concerning marriage, the state attorney general has theauthority to cancel the marriage. it's just that this authority is not clearly regulated in law number 1 of1974 concerning marriage and other marriage regulations in indonesia. the cancellation of a marriagedoes not happen automatically, but must go through a court, which is submitted by the authorized partiesto apply for a marriage cancellation as provided for in articles 23 and 26 paragraph (1) of law number 1of 1974 concerning marriage. based on these thoughts, the problems examined are : (1) what is the legalposition of same-sex marriage according to the provisions of marriage law in indonesia, (2) what is theauthority of the state attorney as the applicant for filing the annulment of same-sex marriage according toindonesian law, and (3) what is the legal consequences? of the cancellation of same-sex marriageaccording to indonesian law. this study uses a normative juridical method with a literature approach. theresults of the research concluded that : (1) that same-sex marriage does not have a legal position inindonesia because it is not recognized in the marriage law in indonesia and is against the law and moralvalues and religious values and is also against public order because it causes unrest in society. (2) theauthority of the state attorney general in canceling same-sex marriage according to the provisions inarticle 26 paragraph (1) of law number 1 of 1974 concerning marriage and also the authority in the fieldof public order for the sake of upholding public order in society, (3) that the legal consequences of thecancellation of this type of marriage is the cancellation of the marriage by the religious court andmarriage certificate number : 0447/062 / vii / 2017, dated july 19, 2017 issued by the ajung districtreligious affairs office has no legal force.