ANALYSIS OF REJECTION OF APPLICATION FOR MARRIAGE ISBAT AND ORIGIN OF CHILDREN

Abstract

Isbat marriage is a process of ratifying the marriage of a married couple who
previously had a sirri marriage. The purpose of marriage isbat is to obtain a
marriage certificate as proof of the validity of the marriage in accordance with the
legislation in force in Indonesia. As stipulated in Law No. 1 of 1974 concerning
Marriage, article 2 paragraph (2) and the implementation of marriage isbat is only
intended for certain matters as in Article 7 paragraph (1), (2), (3) KHI. In the
determination of the Blora Religious Court, it was found that there was a
determination of the application for isbat marriage for sirri marriages which was
accumulated with the determination of the origin of the child register Number:
0056/Pdt.P/2015/Pa.Bla. Panel of Judges at the Blora Religious Court. did not
grant all requests. In the determination, a husband and wife want to ratify their sirri
marriage and determine the child from the marriage as their legal child. number:
0056/Pdt.P/2015/PA.Bla?. What are the legal consequences for the determination
of the case related to the protection of children's civil rights? This type of research
is juridical-empirical research. The primary data used is the case file of the Blora
Religious Court Number: 0056/Pdt.P/2015/Pa.Bla. and an interview with the Judge
who decided the case Number: 0056/Pdt.P/2015/PA.Bla. Data collection
techniques are interviews and documentation. while the analysis technique uses
descriptive-analysis. The results showed that 1). the determination of the Blora
Religious Court Number: 0056/Pdt.P/2015/PA.Bla in the case of the application
for marriage isbat and the origin of the child is still not able to provide justice and
benefits for the justice-seeking community. That is not being able to provide
protection, especially to the child, even though the child was born as a result of a
legal sirri marriage, it's just that according to state law the conditions and pillars
are not fulfilled, because the woman is "still being someone else's wife" but has
been divorced verbally and legally. abandoned for more than 3 years. This kind of
prohibition or condition is actually a temporary prohibition, therefore the Panel of
Judges should review the marriage ban. So in this case, it would be better if the
Panel of Judges did not only look at the procedural law which only concerned with
the formality aspect, but the Panel of Judges also looked at the case from the fiqh
perspective. 2) While the legal consequences for the determination of the Blora
Religious Court Number: 0056/Pdt.P/2015/PA.Bla against the rejection of the
application for marriage isbat and the origin of the child, namely the child born as
a result of the sirri marriage does not have civil rights from the father the biology.
even though the child born from the legal marriage Bla against the rejection of the
application for isbat marriage and the origin of the child, namely the child born as
a result of the sirri marriage does not have civil rights from his biological father.
even though the child born from the legal marriage Bla against the rejection of the
application for isbat marriage and the origin of the child, namely the child born as
a result of the sirri marriage does not have civil rights from his biological father.
even though the child born from the legal marriage