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SAKSI ISTIFADAH SEBAGAI ALAT BUKTI PADA ISBAT NIKAH : ANALISIS PERTIMBANGAN HAKIM PENGADILAN AGAMA BANTUL PADA PERKARA NOMOR 1418/Pdt.G/2024/PA.Btl
Marriage Legalization (isbat nikah) is a legal mechanism provided by the state to ensure legal certainty and protection for unregistered marriages. In practice, the evidentiary process in marriage validation cases often encounters obstacles, particularly when the parties are unable to present witnesses who directly observed the marriage contract. In such circumstances, judges sometimes accept istifāḍah witnesses, namely witnesses who know about the marriage based on information widely circulated within the community. However, under civil procedural law, testimony that is not based on direct sight, hearing, or personal experience does not, in principle, fulfill the material requirements of admissible witness evidence. This study aims to analyze the legal considerations of the judges of the Religious Court of Bantul in accepting istifāḍah witnesses as evidence in marriage legalization case Number 1418/Pdt.G/2024/PA.Btl, as well as to examine the application of the theory of al-‘ādatu muḥakkamah (custom as a legal basis) and the theory of judicial presumption in the examination and determination process. This research is a field study employing both normative-juridical and empirical-juridical approaches. Primary data were obtained through interviews with the judges who examined and decided the case, while secondary data were collected through literature review and analysis of the court decision. The findings reveal that the judges accepted the istifāḍah witnesses not as direct testimony, but as supporting facts that strengthened judicial conviction through the construction of presumption. Such consideration was based on the consistency of the witnesses’ statements with the facts revealed in court, the absence of objections from other parties, and the prevailing social practices within the community. The application of the principle of al-‘ādatu muḥakkamah is reflected in the acknowledgment of social customs concerning unregistered marriages, while the theory of judicial presumption was utilized to construct legal conviction from indirect facts. Therefore, the acceptance of istifāḍah witnesses in marriage validation cases represents a form of legal reasoning that prioritizes substantive justice without disregarding the applicable procedural law.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
SAKSI ISTIFADAH SEBAGAI ALAT BUKTI PADA ISBAT NIKAH : ANALISIS PERTIMBANGAN HAKIM PENGADILAN AGAMA BANTUL PADA PERKARA NOMOR 1418/Pdt.G/2024/PA.Btl (Text)
SAKSI ISTIFADAH SEBAGAI ALAT BUKTI PADA ISBAT NIKAH : ANALISIS PERTIMBANGAN HAKIM PENGADILAN AGAMA BANTUL PADA PERKARA NOMOR 1418/Pdt.G/2024/PA.Btl (Other)
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