Pelaksanaan Sidang Perkara Itsbat Nikah Di Luar Gedung Dengan Program Inovasi Mobile Court Di Pengadilan Agama Pasir Pengaraian

Syaputra Nasution, Sunandi (2022) Pelaksanaan Sidang Perkara Itsbat Nikah Di Luar Gedung Dengan Program Inovasi Mobile Court Di Pengadilan Agama Pasir Pengaraian. Other thesis, Universitas Islam Riau.

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Abstract

There is nothing in this world that does not change except change itself. Likewise, the need for court services, along with the times, it continues to grow and change, including changes to the registration of itsbat marriages which are carried out outside the court building with the mobile court innovation program carried out by the Pasir Pengaraian Religious Court. In addition to ensuring the orderliness of the marriage certificate, marriage registration also serves to obtain rights, and apart from prejudice and doubt, legally flawed negligence. Itsbat Nikah is an application for ratification of marriage that is submitted to the court to declare the marriage valid and have legal force. Couples who are married religiously but do not have a marriage certificate quote book can carry out itsbat marriage and this can be done through a mobile court organized by the Pasir Pengaraian Religious Court. As for the formulation of the problem in this study, namely, first, how is the procedure for carrying out the marriage itsbat case trial outside the building with the mobile court innovation program at the Pasir Pengaraian Religious Court, second, what is the judge's consideration in granting the Itsbat Marriage Case at the Pasir Pengaraian Religious Court. This research is an empirical or sociological legal research using a field study approach. The prevalence in empirical legal research as a data source is primary data and secondary data. Primary data is data obtained from research respondents using data collection tools in the form of interviews and questionnaires. While secondary data in the form of legislation and other supporting sources such as books, journals and so on. The method of drawing conclusions that the author uses is the inductive method The results of the study concluded that first, Isbat Marriage outside the building with Mobile Court Innovation at the Pasir Pengaraian Religious Court, but the court’s decision which wa immediately given without waiting for the dcision to have legal force. Second, the judge's consideration in granting the Marriage Itsbat Case at the Pasir Pengaraian Religious Court is to consider the juridical truth, philosophical truth and sociological truth to decide on the petition for itsbat trial.

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