The Implementation and Effect of Marriage Ithbat based on the Compilation of Islamic Law and Law Number 1 of 1974 on Marriage (a Case Study of the Determination Number 0098 / Pdt.P / 2015 / PA.Badg)

Abstract

Ithbat Marriage is a process of defining marriage couples who have previously been married but have not had a Book of Marriage Certificate. The purpose of marriage is to obtain ithbat Marriage Certificate as proof of the validity of the marriage in accordance with the legislation in force in Indonesia, as that has been set in Article 2 paragraph (2) of Law No. 1 of 1974 On marriage and Article 7 paragraph (1) Compilation of Islamic Law. It is obvious that couples who do not have the Book of Marriage for marriage is not registered or listed, could not obtain the rights to obtain personal documents required, including children, they will not obtain a birth certificate from the Civil Registry even difficult to be Expert heir of his own biological father. So appear solutions that can be taken by those that are filed quo ithbat marriage to the Religious Court refer to the wording of Article 7 paragraph (1), (2), (3) and (4) Compilation of Islamic Law with a more complete reference to the Act Religious Courts. Ithbat marriage is issued by the Religious Court itself. It is then used the base to register marriages on Registrars Office for Religious Affairs. The Religious Affairs Office will subsequently publish Book Excerpt of Marriage or Marriage Certificate. As an attempt to get to the truth, then the compiler uses Research Methods juridical-Normative, namely legal research done by researching library materials and secondary data and is based on Islamic law. In this study intended to find secondary data, which include the primary legal materials, are materials in the form of a legally binding legislation e.g. Act of 1945, Act No. 1 of 1974 About marriage and Islamic Law Compilation. Secondary law, which provides an explanation of the primary legal materials include the opinions of jurists, scholarly books, articles papers, research, journals and internet literature. Tertiary legal materials are materials that provide guidance and explanation of the primary and secondary legal materials such as legal dictionaries, and encyclopedias. This study was based on case studies, namely the establishment of marriage ithbat Number: 0098/Pdt.P/2015/PA.Badg. Based on the determination,  the author reveals marriage ithbat position case, legal considerations Bandung Religious Court judges in deciding the case Ithbat marriage, how the legal consequences of marriage Ithbat the implementation and results of the determination that has carried out the legal considerations by the judge Bandung Religious Court. Request Ithbat marriage usually Voluntarily (application) included in the case study that the authors carefully indispensable prudence because it is not impossible behind the reasons argued by implicit element of "Smuggling" and "manipulation" laws such as the false witnesses or their pillars of marriage is lost , as well as any problems faced the judge in the case set Ithbat Nikah.