TINJAUAN YURIDIS TENTANG ISTBAT NIKAH ADANYA PERKAWINAN DALAM PENYELESAIAN PERCERAIAN DI PENGADILAN AGAMA PADANG PANJANG

This research aims to find out how the accusation form of marriage and divorce legalization, the judge consideration toward itsbat of marriage accusation in resolving divorce, what will be the problem and solution in itsbat of marriage in religion court of PadangPanjang. This research is descriptive research, with sociologic juridical approach. The applied data is primary and secondary data. Primary data found from interview and analysis of judge decision. While secondary data is from literature study which based on the primary law material, secondary law material, and tertiary law material. Overall finding data then analyzed qualitatively. This research finding shows that itsbat of marriage about matrimony in resolving divorce based on chapter 7 verse 93) a of KHI. The accusation form proposed with accumulation of itsbat of marriage, with systematic of itsbat of marriage and divorce accusation application, identity of the parties, explanation of law reason to propose itsbat of marriage and divorce accusation, point which requested and signed by accuser. In examining itsbat of marriage application, the judge considers the problem and the judgment. the consideration of problem about conformity of application argumentation with the tools of evidence, that is concerning itsbat of marriage and divorce accusation, if the judge believes therefore it will be considered to take the resolution. The judge consideration also based on the Islamic rule on Al-Qur�an and applied procedural law in Religion Court. If the judge doesn�t believe thus he will ignore and refuse the petition in a resolution. The problem faced by Relogion Court of Padang Panjang in itsbat of marriage is: 1) the present of opinion to approve the marriage of overall marriages which are not be registered after applying Act No 1 Year 1974, the way out from the problem is judge still receive all petitions, however he keeps being carefully in examining and deciding, 2) the present of difference between judge opinion and his decision of the problem, the way out is voting, and solution about marriage registration after itsbat of marriage is socialize Directorate general letter of Islamic Social Guidance and Hajj No: DII/ 2/ PW.01/ 333G/ 1998 concerning itsbat of marriage registration