Urgensi Pelayanan Itsbat Nikah Sebagai Legalisasi Pernikahan Sirri Di Pengadilan Agama Sentani

Abstract

The practice of sirri marriage has an impact on people who perform the marriage, one of which cannot get administrative services from the government. So to overcome the legalization of nikah siri, it is necessary to do Itsbat Nikah.  Itsbat Nikah is a marriage determination that is not valid according to laws and regulations. Itsbat nikah or legalization of marriage is regulated in Law Number 1 of 1974. With this, the Sentani Religious Court received and processed the case of the application for Itsbat nikah from the Community. from this problem will describe a problem formulation regarding the procedure for implementing Itsbat nikah, the factors underlying the implementation of Istbat nikah and the implications of Itsabat nikah in legalizing nikah sirri. This research uses qualitative with a case study approach. So that the data obtained later through interviews, observation and documentation. The results showed that the process of implementing itsbat nikah was carried out in the Religious Court by bringing predetermined requirements which were then examined according to the rules of the Procedural Law of Religious Courts. The next finding is that the number of serial marriage cases carried out by the people of Jayapura Regency is a factor in the urgency of implementing itsbat nikah. Then the implications of the determination of marriage itsbat have an impact on the emergence of the rights and obligations of husband and wife and are entitled to.