STRUKTUR HUKUM DALAM LEGALISASI PERKAWINAN : ISBAT NIKAH MELALUI SIDANG KELILING DI PENGADILAN AGAMA BOLAANG UKI TAHUN 2021/2023

Ardiansyah Pontoh , S.H, NIM.: 21203012129 (2024) STRUKTUR HUKUM DALAM LEGALISASI PERKAWINAN : ISBAT NIKAH MELALUI SIDANG KELILING DI PENGADILAN AGAMA BOLAANG UKI TAHUN 2021/2023. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

According to the 2022 PTA Manado annual report, the Bolaang Uki Religious Court is the court that acce pts the most marriage isbat cases announced by the Manado PTA. In 2021 there were 90 isbat marriage cases, increasing drastically to 224 cases in 2022, even reaching 104 cases in the first 6 months of 2023. One of the factors for the increase in isbat marr iage cases in PA Bolaang Uki was caused by the mobile court program implemented by the court. . The mobile court has become a magnet for the community and there has been a significant increase since the implementation of this program. What is interesting i s that the mobile court is more dominant in resolving marriage isbat cases compared to the integrated marriage isbat program organized by PA Bolaang Uki. This research was conducted to find out how the mobile court program was implemented at the Bolaang Uk i Religious Court and why the mobile court attracted many people to carry out marriage isbats, even more so than the integrated marriage isbat program at the Bolaang Uki Religious Court This research is field research with an empirical approach and the nat ure of the research is analytical and descriptive. The informants in this research were the Bolaang Uki and Posbakum Religious Court Apparatus using data collection methods, namely observation, interviews and documentation which were then analyzed using La wrence M. Friedman's theory of the legal system which focuses on legal structure. The results of this research show that the Bolaang Uki Religious Court has successfully implemented the mobile court program with significant achievements. In the 2020 2023 p eriod, mobile courts were held 61 times, showing the high need in society for legal settlements, especially marriage isbat. The increase in the number of marriage isbat cases accepted by the court each year reflects the positive impact of the mobile court program. The peak will occur in 2022 with 144 cases . Then the role of the mobile court at the Bolaang Uki Religious Court in increasing marriage isbat. First, as an economic balance by providing solutions to the economic obstacles of underprivileged communities. Second, as an accessibility solution by addressing the public's difficulty in accessing the courts. Third, as a driver of access to justice by increasing public legal awareness. Fourth, the mobile court's quick responsiveness to community requ ests is a major factor in the success of the program. Fifth, the implementation of mobile courts is flexible, carried out frequently, and can be carried out more than once in one village, increasing the effectiveness and affordability of this program as a whole.

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