ANALISIS YURIDIS PEMBATALAN ISBAT NIKAH PADA PERKAWINAN SIRI (STUDI PUTUSAN PENGADILAN AGAMA SURABAYA NOMOR 1376/PDT.G/2022/PA.SBY)

Sari, Diva Devina Berlian (2024) ANALISIS YURIDIS PEMBATALAN ISBAT NIKAH PADA PERKAWINAN SIRI (STUDI PUTUSAN PENGADILAN AGAMA SURABAYA NOMOR 1376/PDT.G/2022/PA.SBY). Undergraduate thesis, UPN "Veteran" Jawa Timur.

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Abstract

Marriage isbat is the process of legalizing a marriage by the Religious Court for marriages that have not been legally registered by the state. The Religious Court will validate the marriage if the application for marriage isbat has fulfilled the specified requirements. One example of determining marriage isbat is the Surabaya Religious Court Decision Number 0013/Pdt.G/2022/PA.Sby. however, there was a lawsuit for the cancellation of the marriage isbat from a third party to the Surabaya Religious Court. The aim is to find out the legal consequences of canceling the marriage isbat determination for the parties and to find out the basic considerations of the Surabaya Religious Court judge in canceling the marriage isbat determination. This research uses a normative juridical method with the conceptual approach, the statute approach, and the case approach. The result of this research is that the lawsuit for canceling the marriage isbat was granted by the Panel of Judges at the Surabaya Religious Court because in the application for the marriage isbat, it was found that the facts and data submitted by the applicant for the marriage isbat were false. The cancellation of this marriage isbat has legal consequences, namely the marriage returns to its original state, namely that the marriage is not registered and is considered to have never existed, so that it can also have legal consequences for the wife and children who born from this marriage.

Item Type:

Thesis (Undergraduate)

Contributors: