IMPLEMENTASI PENGESAHAN PERKAWINAN DI BAWAH TANGAN MELALUI ISBAT NIKAH (STUDI PENETAPAN PERKARA ISBAT NIKAH NOMOR. 181/PDT.P/2022/PA.SMN)

Sakinah Nur Aulia Ritonga, NIM.: 19103050094 (2023) IMPLEMENTASI PENGESAHAN PERKAWINAN DI BAWAH TANGAN MELALUI ISBAT NIKAH (STUDI PENETAPAN PERKARA ISBAT NIKAH NOMOR. 181/PDT.P/2022/PA.SMN). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriage registration is an activity of recording or writing carried out by the competent authority on marriage events. Since the enactment of Law Number 1 of 1974 concerning marriage and Government Regulation No. 9 of 1975, the validity of a marriage has been carried out in two steps, namely according to each religion and belief and registered with the competent authority. However, even though the rules regarding registration have been enacted, the practice of unregistered marriage is still rife among the people, this is reinforced by the discovery of cases of requests for marriage validation at the Sleman Religious Court which have increased, especially in 2022 which are dominated by cases of marriage validation related to unregistered marriage, for the example is the Determination No.181/Pdt.P/2022/PA.Smn. Cause of increase this case because the Sleman Religious Court accepted and decided cases of marriage validation related to this matter. This is precisely not in line with the mandate of the Marriage Law which states that all marriage events must be recorded. Giving opportunities to perpetrators of unregistered marriage inflict the public to underestimate the registration of marriages and the chain of unregistered marriages will continue to exist. Therefore, this study aims to reveal the implementation of the legalization of private marriages through marriage constituencies after the enactment of the Marriage Law in the Sleman Religious Court. This study uses a type of field research (field research) by collecting data directly in the field. This research is descriptive-analytic with a normative and empirical juridical research approach. Primary data sources come from interviews and Decree No.181/Pdt.P/2022/PA.Smn while secondary data comes from books, journals, theses and other literature. The results showed that the Religious Courts of Sleman accepted and granted the application for a marriage validation regarding unregistered marriage with ijtihad by taking the legal basis of the Islamic Law Compilation which states that a marriage which cannot be proven by a marriage certificate can apply for a marriage validation (KHI Article 7 paragraph (2)), without distinguishing the marriage occurred before or after the enactment of the Marriage Law. Especially in Determination No. 181/Pdt.P/2022/PA.Smn, the judge granted this case by taking the legal basis of KHI Article 7 paragraph (3) letter e. this is a form of benefit that will be built, namely in the form of protection for the parties, especially wives and children, so that they can regain their civil rights.

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