Systems of Marriage Itsbat Implementation in Contensious Case in the Pangaraian Religious Court Area Case Analysis Number 876/Pdt.G/2020/PA.Ppg

Abstract

Itsbat nikah is a marriage stipulation that is not registered with the Office of Religious Affairs. Itsbat marriage is an effort to protect women and children from marriage. Islamic Law in the Compilation of Islamic Law opens the opportunity for them to apply for itsbat marriage to the Religious Courts so that in the future they have legal force in their marriages. There are two problems in this study, namely how is the process of determining the marriage certificate for the contensious case Number: 876/PDT.G/2020/PA.PPG. and what are the legal consequences of the decision of the Pasir Pengaraian Religious Court Number: 876/PDT.G/2020/PA.PPG. This study uses a normative juridical research method. The sources used to conduct this research are books, laws and regulations that apply and are related to the title of this research. After doing the research, it can be concluded that in this case the wife as the party who filed the application for itsbat marriage contetntious to the Pasir Pengaraian Religious Court was used as the Petitioner and her two children as Respondent I and Respondent II. The importance of a marriage certificate is to protect the civil rights of the wife and the civil rights of children born from the marriage. The legal consequence of the determination of the marriage certificate of the Religious Court Number: 876/PDT.G/2020/PA.PPG is that the Panel of Judges declares the marriage valid according to the law and is declared a legal husband and wife according to Islamic law and Positive Law applicable in Indonesia, and children born from the marriage is a child who is legally valid in Indonesia and the marriage certificate can be used as a condition to apply for PT Taspen's disbursement of funds. Given the importance of a marriage certificate in a marriage relationship.