ANALISIS YURIDIS KUMULASI PERKARA ITSBAT NIKAH DENGAN CERAI GUGAT(STUDI KASUS PENGADILAN AGAMA KABUPATEN KEDIRI)

Abstract

Marriages that can be decided by the Religious Courts must be marriages that have proof of a marriage certificate. This is contrary to Article 6 paragraph (2) of the KHI which emphasizes that if the marriage is carried out outside the authority of the Marriage Registrar, no legal protection can be requested. In reality, underhand marriages can also file for divorce in the Religious Courts with the accumulation of marriage determination with divorce. However, in Law no. 7 of 1989 does not explain the merger of marriage determination with divorce, but in fact the two cases were made in one lawsuit and decided by one judge. This study aims to determine the implementation of the cumulative law on cases of marriage determination with divorce and the juridical considerations of judges in deciding the cumulative cases of marriage determination with divorce in a lawsuit against a case study at the Religious Courts of Kediri Regency. The approach taken in this research is qualitative, using the type of empirical juridical research. The method of data collection was carried out by means of observation, interviews and documentation of case No. 3275/Pdt. G/2021/PA.Kab.Kdr. at the Kediri District Religious Court. In this study, the authors corroborate primary data by taking sources from books, journals and social media. Data collection techniques used through observation, interviews and documentation with data analysis techniques through 5 stages, namely: data reduction, data verification, data presentation, data analysis, conclusions. Based on data analysis, the results of this study are the cumulative implementation of marriage determination cases with divorce in the Religious Court of Kediri Regency on the basis of the benefit of the justice seekers and in accordance with the procedure in court and based on Article 7 paragraph (3) Compilation of Islamic Law, Article 39 Law Number 1 of 1974 concerning Marriage, Article 116 letter (f) KHI, and the circular letter of the Supreme Court, namely Book II of Guidelines for the Implementation of Duties and Administration of Religious Courts page 148 and sociologically a marriage that is not harmonious will cause harm and prolonged disputes for one party and both parties.

Keyword : cumulative, marriage determination, divorce lawsuit