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analisis hukum terhadap penolakan isbat nikah (studi kasus pengadilan agama kota gorontalo)

Tanggal Upload: 30/05/2025

Penulis / NIM:
LULU SALSABILA SUDARMO / H1120061

Program Studi:
S1 Ilmu Hukum

Tahun Akademik:
2024

Kata Kunci:
marriage ratification rejection, legal consequences, children's rights, wife's rights

Abstrak:

This research aims (1) to know the factors affecting the rejection of marriage ratification in the Gorontalo City Religious Court and (2) to know the legal consequences of the rejection of marriage ratification) in the Gorontalo City Religious Court. This research employs empirical legal research methods using qualitative analysis. The research results indicate that: 1) The factor affecting the rejection of marriage ratification in the Gorontalo City Religious Court is that the applicants who applied for marriage ratification in the Gorontalo City Religious Court are still bound by marriage with other people. This is proven by the absence of a divorce certificate. The next factor is that the applicants or witnesses are not present during the trial of marriage ratification. 2) The legal consequences of the rejection of marriage ratification in the Gorontalo City Religious Court are not fulfilled by the rights of children and wives. The unfulfilled right of children is that the child does not get inheritance rights from his father's side. While the wife's rights are fulfilled, namely, the wife does not get a marriage book as a legal basis when their marriage is split. The wife will also not get inheritance rights when the husband dies. The research recommends that the parties related to marriage, in this case, the Ministry of Religious Affairs and the Office of Religious Affairs need to carry out intensive socialization with the public regarding legal procedures in marriage ratification and the consequences of not fulfilling the requirements, such as the importance of attending the trial.
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