Solutions to Rejected Marriage Legalization Petitions (Isbat Nikah) by the Religious Court: A Case Study of Decision Number 0108/Pdt.P/2018/PAJT

Abstract

Marriage Legalization (Isbat Nikah) is a legal remedy submitted by couples who have conducted a marriage outside of official procedures, in order to obtain legal recognition and validity from the state through a court decision. The problem arises when the petition for marriage legalization submitted by the applicant is rejected. This study aims to contribute ideas as a consideration for married couples who face a deadlock in continuing their household life and are seeking official legal recognition from the state. Based on the analysis, the petition for isbat nikah at the Religious Court is carried out through several stages, namely: Submission of the petition, Case registration, Court examination, and Reading of the conclusion and issuance of the judge’s decision. This research is a literature study that uses Jurisprudence Decision Number 0108/Pdt.P/2018/PAJT as the primary source. The approach used is a case approach, supported by the views of an advocate as a source of secondary legal data. Data collection was conducted through a systematic review of Law Number 1 of 1974 on Marriage as the main legal foundation. Data analysis was conducted qualitatively by examining relevant legal norms, particularly the consistency of the judge's considerations in applying legal provisions in cases of isbat nikah rejection. Rejection of the isbat nikah petition by the judge is generally due to violations or prohibitions in the proposed marriage—for example, if the woman in question is still legally married to another man. Such a rejection results in the marriage not being legally recognized, thus rendering the legal status of any children unclear. The solution is to conduct a legitimate marriage and pursue the legalization of the child's status through legal channels.