Konstruksi Hukum Majelis Hakim Pengadilan Agama Sungai Raya Dalam Putusan Nomor: 98/Pdt.G/2021/PA.Sry Tentang Itsbat Nikah Pasangan Yang Telah Meninggal Dunia

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.