Analisis Yuridis Gugatan Isbat Nikah Kontensius terhadap Perkawinan yang Tidak Dicatatkan (Studi Putusan Nomor 86 Pdt.G2021Ms. Skl Dan 85 Pdt.G2023Ms. Skl)

Abstract

According to Article 7 paragraph (3) of the Compilation of Islamic Law (KHI), itsbat nikah (marriage legalization) may be filed in the Religious Court for unregistered marriages. This effort can be pursued through a voluntary petition or a contentious lawsuit, particularly when one of the spouses has passed away. This research examines two decisions of the Mahkamah Syar'iyah Singkil: Decision No. 86/Pdt.G/2021/Ms.Ski (granted) and Decision No. 85/Pdt.G/2023/Ms.Skl (rejected). Based on this context, the research addresses the following issues: (1) What are the underlying reasons for submitting a contentious itsbat nikah to the Mahkamah Syar'iyah for unregistered marriages? (2) What are the legal consequences of a granted or rejected decision on itsbat nikah? (3) What are the legal considerations of the judges in the Mahkamah Syar'iyah Singkil in Decisions No. 86/Pdt.G/2021/Ms.Skl and No. 85/Pdt.G/2023/Ms.Skl. This research adopts a normative juridical method supported by empirical data, with a descriptive-analytical character. Data collection is conducted through library research and field research to obtain secondary data. The approaches applied include the statutory approach, case approach, and conceptual approach. The findings of this thesis are as follows: First, a contentious itsbat nikah is filed to the Mahkamah Syar'iyah to provide legal certainty over the civil rights of the wife and children, such as inheritance and guardianship. Second, a granted decision clarifies legal status and civil rights, whereas a rejected decision leads to legal uncertainty and deprives the wife and children of their civil entitlements. Third, in Decision No. 86/Pdt.G/2021/Ms.Skl, the court granted the petition because the essential elements of a valid marriage were fulfilled. In contrast, Decision No. 85/Pdt.G/2023/Ms.Skl was rejected due to an ambiguous petition, unauthorized polygamy, invalid guardian, and incomplete witnesses.