Analisis Putusan No.977/Pdt.G/2020/Pa.Llg Tentang Cerai Gugat Dari Perkawinan Tidak Tercatat

Gustin, Hepi and Yusefri, Yusefri and Hartini, Hartini (2022) Analisis Putusan No.977/Pdt.G/2020/Pa.Llg Tentang Cerai Gugat Dari Perkawinan Tidak Tercatat. Masters thesis, IAIN Curup.

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Abstract

Hepi Gustin (19801008) "Analysis of Decision Number: 977/Pdt.G/2020/PA.LLG, Regarding Divorce of Lawsuits from Unregistered Marriages" Marriage, apart from being a religious issue, is also a State issue. It is said to be a religious problem because its implementation must be in accordance with religious provisions so that it fulfills the requirements of a valid worship. In accordance with the provisions of Article 2 paragraph 2 of Law Number 01 of 1974, every marriage must be registered. At the Office of Religious Affairs for Muslims and the Civil Registry Office for religions other than Islam. For couples who do not have a marriage certificate, this results in no legal protection for them, including the divorce lawsuit process. One example of a decision that processes a divorce suit for a couple who does not have a Marriage Certificate is the decision number: 977/Pdt.G/2020/PA.LLG. The purpose of this study is to find out the reason for the judge hearing this case and what the basis for the judge's consideration in deciding the case, and how this decision is in a positive legal review in Indonesia. This research is a type of combined research between field research (Field Research) and library research (Library Research). This research is a normative research with qualitative research type. The author uses data collection techniques in the form of interviews and observations. Meanwhile, there are two sources of data in this study, namely primary data and secondary data. Primary data is data obtained directly by means of interviews and observations of judges and copies of decisions, while secondary data is library material related to research subjects such as the Marriage Law, Compilation of Islamic Law, and all publications on law. The results of the research are as follows: 1) The reason for the panel of judges hearing the case Number: 977/Pdt.G/2020/PA.LLG is that there is a determination of the assembly by the head of the Religious Court and the procedure for filing a case has been fulfilled according to applicable regulations. 2) The basis for the judge's consideration in deciding the case, namely for the marriage isbat process, the basis is article 7 paragraph (3) letter (a) and letter (e) of the Compilation of Islamic Law that there is a marriage isbat in the context of resolving divorce as long as the marriage does not have a marriage barrier according to the law. Law Number 1 of 1974. The basis for the divorce process is article 39 paragraph (2) of Law Number 1 of 1974 concerning marriage, and article 19 of Government Regulation Number 9 of 1975, as well as article 116 letter (f) of the Compilation of Islamic Law, namely between husband and wife continue to have disputes and quarrels and there is no hope of living in harmony again. 3) The results of the analysis of the decision are as follows: a) Judging from the Absolute and Relative Competence of the religious court, this decision is in accordance with the competence of the court, namely deciding cases related to marriage in this case isbat marriage divorce case b) Judging from

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Thesis (Masters)

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