Implementation of Marriage Isbat for People Who Have Died in The Surabaya Religious Court

  • Ayuk Widiyas tuti Universitas Pembangunan Nasional "Veteran" JawaTimur
Keywords: marriage isbat


In writing this thesis, the author aims to find out the implementation of marriage isbat of people who have died in the Surabaya Religious Court. In this research using empirical juridical methods, namely the data collection techniques carried out field research by seeing and observing what is happening in the field, the application og these regulations in practice in the community. Analysis of the data used is a qualitative approach ti primary data and secondary data. Marriage is a very important thing for married couples because it is related to legal certainty so that the husband and wife avoid legal consequences arising from unregistered marriages. This results in this study can be concluded that the implementation of marriage isbat marriage for people who have died in the Surabaya Religious Court is fine to be processed in court while in filling it meets the formal requirements that must be met because marriage isbat itself can be done by prioritizing the benefit and interests of those who submit it. The judge’s rationale in deciding the marriage request for a deceased person is related to the principle of ius curia novit where the judge is considered to know the marriage isbat, and the principle of the judge’s freedom to find the law. Through a sociological approach to other regulations that have to do with the problems faced so that the law is not stagnant, but develops in accordance with the development of society or in accordance with laws that live and develop in society. One of the factors causing the submission of an application for marriage isbat for the deceased is for the distribution of inheritance. There is a huge impact on the decisions issued by the panel of judges related to the application for marriage is one of them is that the community will tend to overestimate or underestimate the importance of marriage registration and the implementation of Law Number 1 of 1974 does not apply effectively.