Comparison of Judges' Decisions on Isbat Nikah in the Marriage of Minors in the Religious Courts of Bulukumba

Sitti Fatimah Tarimana, Rahmi, Muhammad Arash bin Mahmusin — Thu, 30 Nov 2023 00:00:00 +0700

Isbat nikah (isbat of marriage) is needed by some people who do not have a marriage book, because with the approval of the Judge's decision, the party applying for isbat can register their marriage book. This study aims to reveal the judge's consideration in deciding the isbat nikah case of marriage of minors at the Bulukumba Religious Court. This empirical research was conducted at the Bulukumba Religious Court. The research approach is juridical-normative by observing the decision. Data collection techniques in this study are interviews, observation and documentation. The results of the study indicate that the Judge's consideration in deciding the Isbat Nikah Case for Marriage of Minors remains based on Law Number 1 of 1974 on the amendment of Law Number 16 of 2019. Whatever the reason for the litigant in applying for Isbat Nikah when violating the existing law, the judge has the right to decide the case accordingly. The causes of child marriage in Bulukumba Regency are caused by a number of factors, including economy, education and socio-culture. Socio-cultural factors are more often used as a reason by perpetrators of early marriage, with following in the footsteps of parents as the most frequently mentioned factor. An understanding of the changes in the age of marriage rules in Indonesia must be socialised so that there are no violations of the marriage law.

Legal Protection of the Issuance of Birth Certificates of Children from Unregistered Marriages

Jabal Nur, Irfan Lewa, M. Thahir Maloko — Thu, 30 Nov 2023 00:00:00 +0700

The issuance of birth certificates for children born from unregistered marriages is a very important issue. In practice, there are still many places where children who will be born in an unregistered marriage relationship cause the absence of a valid certificate. The purpose of this study is to reveal legal protection, both from the aspect of legal status and legal consequences of the issuance of birth certificates of children from unregistered marriages. This paper is a qualitative empirical research with a comparative law approach. Data sources are obtained from interviews and literature studies. The results of the study found that children born from unregistered marriages have legal status as legitimate children of the father and mother because they have fulfilled the pillars and conditions determined by each religion. Every child is entitled to legal protection of their rights by providing a birth certificate as an identity, also makes it easier for children to a public service and get protection from violence and discrimination. As a result of the issuance of a birth certificate of a child from an unregistered marriage, the child will have a birth certificate with only the mother's name listed, resulting in the recognition of nasab or lineage, inheritance rights, maintenance and living expenses, even affection and parental responsibility for the growth and development of the child. The government should make a definite rule regarding the requirements that must be attached in terms of recording the birth certificate of a child born from an unregistered marriage. Legal certainty for the issuance of birth certificates of children from unregistered marriages should be synchronized in accordance with the relevant laws and regulations.

PAREWA SARAQ: JOURNAL OF ISLAMIC LAW AND FATWA REVIEW

Comparison of Judges' Decisions on Isbat Nikah in the Marriage of Minors in the Religious Courts of Bulukumba

Legal Protection of the Issuance of Birth Certificates of Children from Unregistered Marriages