LEGAL REVIEW OF MARRIAGE LEGALIZATION (ISTBAT NIKAH) BASED ON INTEGRATED HEARING IN RELIGIOUS COURTS ACCORDING TO STUDY AT PANDAN RELIGIOUS COURT

Authors

  • Rivi Hamdani Lubis Universitas Pembangunan Panca Budi
  • Mhd. Azhali Siregar Universitas Pembangunan Panca Budi
  • Henry Aspan Universitas Pembangunan Panca Budi

DOI:

https://doi.org/10.70321/ijslcj.v2i1.93

Keywords:

Marriage Validation, Integrated Trial, Legal Certainty

Abstract

Marriage validation or itsbat nikah through an integrated trial at the Pandan Religious Court is a legal step that aims to provide legal certainty for couples whose marriages are not registered at the Office of Religious Affairs (KUA). Based on Law Number 1 of 1974 concerning Marriage, every marriage must be registered to obtain legal recognition. However, there are still many people who carry out underhand marriages (siri) without official registration, which causes various administrative problems, such as difficulties in processing children's birth certificates, family cards, and inheritance rights.

This study aims to analyze the implementation of marriage confirmation through an integrated trial at the Pandan Religious Court and its compliance with applicable laws and regulations. The method used is a normative legal approach with an analysis of related legal regulations and court decisions in marriage confirmation cases. The results of the study indicate that integrated trials provide convenience for couples who do not yet have a marriage certificate, especially for the underprivileged. However, there are challenges in its implementation, such as limited resources and low public understanding of the importance of marriage registration. With an integrated trial, marriage confirmation can accelerate the process of marriage validation and provide legal protection for couples and their children. Therefore, efforts are needed to socialize and improve regulations so that marriage confirmation can be more effective in guaranteeing the legal rights of married couples and increasing legal certainty in marriage.

Downloads

Download data is not yet available.

References

Ahmatnijar, Ahmatnijar. 2022. “Fulfillment of the Rights of Former Wives and Children After Divorce (Study at the Padangsidimpuan Religious Court).” Postgraduate Program, State Islamic University of North Sumatra.

Fitriani, Ifa Latifa. 2012. “Islam and Restorative Justice for Children in Conflict with the Law.” IN RIGHT: Journal of Religion and Human Rights 2 (1).

Lawalata, Jesylia Hillary, Juanrico Alfaromona Sumarezs Titahelu, and Julianus Edwin Latupeirissa. 2022. “Restorative Justice Approach in Resolving Narcotics Crime Cases at the Investigation Stage.” TATOHI: Journal of Legal Studies 2 (1): 91–112.

Perkasa, Anggada, and Kartina Pakpahan. 2023. “Law Enforcement Policy in Combating Gambling Crimes Through Electronic Media in Indonesia.” SIBATIK JOURNAL: Scientific Journal in the Fields of Social, Economic, Cultural, Technology, and Education 2 (7): 2067–84.

Ramadhani, Nuraviva. 2023. “Child Neglect After Divorce According to Law Number 1 of 1974 Concerning Marriage.” Cessie: Scientific Journal of Law 2 (1): 22–33.

Saladin, Tomi. 2017. "Application of Mediation in Resolving Cases in Religious Courts." Court: Journal of Islamic Law Studies 2 (2).

Suadi, Amran. 2018. “The Role Of Religious Court In Women And Children Rights Protection Through Partial And Executable Decision.” Journal Of Law And Justice 7 (3): 353–74.

Suprayogi, Rizqi. 2023. “Islamic Marriage Law Reform in Indonesia.” Indonesia Journal of Business Law 2 (1): 29–37.

Syarifah, Umaiyatus. 2015. "The Role and Contribution of Nashiruddin Al-Albani (d. 1998) in the Development of Hadith Science." History 1 (1): 1–18.

Tanjung, Indra Utama. 2018. “Comparative Study of the Establishment of the Caliphate State in Indonesia.” Medan Religious Research Journal.

Tanjung, Indra Utama, and Dhiauddin Tanjung. 2022. “Law on Marriage and Interfaith Marriage: Islamic Law and Positive Law.” Journal of Citizenship 6 (4): 6792–6801.

Yam, Jim Hoy. 2022. “Reflections on Mixed Methods Research.” EMPIRE 2 (2): 126–34.

Downloads

Published

2025-01-15

How to Cite

Rivi Hamdani Lubis, Mhd. Azhali Siregar, & Henry Aspan. (2025). LEGAL REVIEW OF MARRIAGE LEGALIZATION (ISTBAT NIKAH) BASED ON INTEGRATED HEARING IN RELIGIOUS COURTS ACCORDING TO STUDY AT PANDAN RELIGIOUS COURT. International Journal of Synergy in Law, Criminal, and Justice, 2(1), 469–475. https://doi.org/10.70321/ijslcj.v2i1.93

Issue

Section

Articles