Pelaksanaan Itsbat Nikah Berdasarkan Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan Dan Kompilasi Hukum Islam Di Pengadilan Agama Pekanbaru

Islamiati, Mia (2019) Pelaksanaan Itsbat Nikah Berdasarkan Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan Dan Kompilasi Hukum Islam Di Pengadilan Agama Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

Itsbat marriage is a process of determining the marriage of two husband and wife who had previously married in a sirri. The purpose of the marriage license is to obtain a marriage certificate as proof of the legality of the marriage in accordance with applicable laws and regulations in Indonesia, for example in Law Number 1 of 1974 Article 2 paragraph (1) and Article 2 paragraph (2). Basically, the implementation of marriage law is intended for certain things just as described in Article 7 of the Compilation of Islamic Law. The main problem in this study is how the implementation of the marriage law based on Law Number 1 of 1974 concerning Marriage and Compilation of Islamic Law in the Pekanbaru Religious Court and What are the factors that cause the implementation of the marriage license based on Law Number 1 of 1974 concerning Marriage and Compilation of Islamic Law in the Religious Courts. This research is seen from the type of research included in the type of Legal Sociology research which is a legal research method that functions to see the law in the real sense and examine how the law works in the community. The conclusion of this research is the implementation of marriage law in the Pekanbaru Religious Court which is in accordance with the applicable laws and regulations. However, there is a need for counseling and outreach from both court officials and KUA officials regarding the negative impact of underhand marriages so that the submission of marital law in the religious court in Pekanbaru is not increasing, and the community better understands the importance of marriage approval so that marriage has a strong law. The factor that caused the occurrence of marriage isbat in the Religious Court is because marriages are conducted in a private or underhand marriage where the marriage is not recorded by the Marriage Registrar (PPN) or the marriage is not performed in the presence of the competent official (KUA official). So that marriage under the hand is not registered and invalid in the eyes of the law according to applicable law. Another factor is that the applicant lost his marriage certificate and also due to the negligence of the KUA official where the marriage was performed in front of the authorized official and recorded but the marriage certificate was not issued. So that when the applicant will make administrative arrangements such as birth certificates can not be due to the absence of a marriage certificate.

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