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All Journal Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Wulandari Febrianti
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Yuridis terhadap Permohonan Isbat Nikah dan Gugat Cerai dalam Praktik Peradilan Agama Wulandari Febrianti; Farhan Asyhadi; Muhamad Abas
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 2 (2026): Juni: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i2.3329

Abstract

This study analyzes the cumulative filing of marriage legalization (isbat nikah) and divorce petitions in Indonesian Religious Courts, as well as the factors influencing judges’ decisions. The research employs a normative juridical approach with descriptive-analytical methods through the examination of Religious Court decisions from Karawang, Cikarang, Bekasi City, Purwakarta, and Bandung City during the 2022–2026 period. The legal materials used include Law Number 1 of 1974 on Marriage, the Compilation of Islamic Law, Law Number 7 of 1989 on Religious Courts, and relevant court decisions. The findings show that cumulative petitions may be granted when administrative requirements, procedural rules, and evidentiary standards are fully satisfied. Conversely, petitions may be rejected or declared inadmissible when there are procedural defects, incomplete documents, or insufficient evidence. The study also finds that judges’ decisions are influenced not only by formal legal considerations but also by social circumstances of the parties, in order to achieve substantive justice. Differences in judicial outcomes across courts indicate that legal interpretation in cumulative isbat nikah and divorce cases is still not fully uniform. This situation creates challenges for legal certainty and consistency in the Religious Court system. Therefore, clearer procedural guidelines are needed to harmonize the handling of cumulative petitions and to strengthen access to justice for litigants. The study concludes that cumulative filing is a practical legal adaptation to social needs, but its implementation requires more consistent standards and stronger doctrinal support.
Co-Authors Farhan Asyhadi Muhamad Abas