Abstract:
Muhammad Nur Fajar Abdillah (11724012), Legal Construction of the
Panel of Judges of the Sungai Raya Religious Court in Decision Number: The goal
of this research is to find out: 1) What is the applicant's justification for the panel
of judges' decision in case number 98/Pdt.G/2021/PA.Sry 2) What is the legal
framework The evidence presented by the panel of judges in Decision Number
98/Pdt.G/2021/PA.Sry. 3) How is the construction of the judge's decision in case
Number 98/Pdt.G/2021/PA.Sry. 3) How is the judge's judgement in Case No.
98/Pdt.G/2021/PA.Sry
This study uses a normative legal research type with the object of the court
judge's decision Number 98/Pdt.G/2021/PA.Sry and the researcher uses data
collection methods with library research. Of course, normative legal research (legal
research) is a type of legal research that does not involve or enter into empirical or
sociological areas to collect the required data (Qamar, et al, 2017, p. 49).“This
normative legal research is a research that examines document studies, which uses
various secondary data such as laws and regulations, court decisions, legal theories,
and can be in the form of opinions of scholars.of researchtypeuses qualitative
analysis, namely by explaining the existing data in words or statements instead of
numbers.
Based on the above research, the researcher can conclude as follows: 1) In
the decision Number 98/Pdt.G/2021/PA.Sry regarding itsbat marriage, it arose
because at the time of marriage the applicant and husband did not register their
marriage to the authorized official so that There was a problem at a later date that
required the applicant to carry out a marriage certificate so that the marriage was
registered by the Office of Religious Affairs and was deemed necessary because it
was based on several reasons, namely administrative and economic reasons. 2) In
making a decision in this case, the judge uses evidence in the form of letters and
witnesses, but it is unfortunate because the witnesses used are people who were
present at the wedding, not people who were witnesses at the time of the marriage
qabul, while the argument used was legal marriage.
if there is a guardian and two witnesses, it would be better if the witness
presented at the trial was a witness also at the time of carrying out the qabul consent.
3) In the legal considerations that the judge takes here, the judge prioritizes the
evidence which is presented by the witnesses who have sworn before the panel of
judges that the applicant and husband have actually carried out a legal marriage in
front of the penghulu, guardian, and two witnesses.
