Perlindungan Dan Kemanfaatan Hukum Terhadap Putusan Itsbat Nikah Di Mahkamah Syar’iyyah Bireun (Analisis Putusan Perkara No. 82/Pdt.P/2019/Ms-Br)

Abstract

Registration of marriage is absolute and must be owned by all couples who have already been married as an administrative requirement. The government provides a solution for marriages that are not registered at the KUA, by performing a marriage istbat. A normative juridical approach is used in this paper. There are still many people who carry out unregistered marriages for various reasons. The author discussed two problems there are; how legal protection and legal benefits are obtained by performing marriage istbat, and analyzing the Itsbat Nikah Decision at the Syar'iyyah Bireun Court. 82/Pdt.P/2019/MS-BR. The results of the research are; 1. By performing marriage istbat, the marriage that previously a flawed matter in the law can be protected by legal protection, the benefit of all rights of the people as part of citizens, it is obligatory to be protected in all civil matters. 2. There are several factors that cause marriages not to be registered, one of which is the lack of knowledge of some groups of society, funding for registration of marriage registrations or inaccessible locations for the community and other reasons that are not against the provisions of Islamic and positive law.