{"title":"Efektivitas Pelaksanaan Sidang Keliling Dalam Perkara Isbat Nikah","authors":"Novita Sarwani","doi":"10.22373/hadhanah.v2i2.1808","DOIUrl":null,"url":null,"abstract":"Isbat marriage is the ratification of marriage for the Muslim community which is carried out by the Religious Court/Syar'iyah Court in accordance with applicable regulations and isbat marriage is also an effort by the government for people who do not have a marriage certificate, so that they can re-establish their marriage. One of the annual programs from the government in this matter is the implementation of the marriage isbat circuit court program carried out by the Syar'iyah Court of Takengon Class IB. Based on the data received from the Takengon Syar'iyah Court and the Office of Religious Affairs (KUA) of Linge District regarding the isbat of marriage, there are still people who do not have a Marriage Certificate. Therefore, the problem of this thesis is how to carry out a mobile trial in the Isbat Marriage case at the Syar'iyah Court of Takengon Class IB, how is the effectiveness of the implementation of the circuit court in the Isbat Marriage case at the Syar'iyah Court of Takengon Class IB. The methods used in this paper are field research, library research using data collection techniques such as observation, interviews, and documentation conducted at the Syar'iyah Court of Takengon Class IB. The results of this study are the process of carrying out the trial in the settlement of isbat marriage cases through a mobile court held by the Syar'iyah Court of Takengon Class IB in Linge District in Central Aceh in the trial process there is no difference with the trial process at the court office starting from the procedures, the execution is the same. It only differs in the place where the trial is held. The results showed that based on the explanation of the theory of legal effectiveness, there were several theories that had not been fulfilled, so that the implementation of the circuit court in the isbat marriage case had not been effective.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"97 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.22373/hadhanah.v2i2.1808","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
Isbat marriage is the ratification of marriage for the Muslim community which is carried out by the Religious Court/Syar'iyah Court in accordance with applicable regulations and isbat marriage is also an effort by the government for people who do not have a marriage certificate, so that they can re-establish their marriage. One of the annual programs from the government in this matter is the implementation of the marriage isbat circuit court program carried out by the Syar'iyah Court of Takengon Class IB. Based on the data received from the Takengon Syar'iyah Court and the Office of Religious Affairs (KUA) of Linge District regarding the isbat of marriage, there are still people who do not have a Marriage Certificate. Therefore, the problem of this thesis is how to carry out a mobile trial in the Isbat Marriage case at the Syar'iyah Court of Takengon Class IB, how is the effectiveness of the implementation of the circuit court in the Isbat Marriage case at the Syar'iyah Court of Takengon Class IB. The methods used in this paper are field research, library research using data collection techniques such as observation, interviews, and documentation conducted at the Syar'iyah Court of Takengon Class IB. The results of this study are the process of carrying out the trial in the settlement of isbat marriage cases through a mobile court held by the Syar'iyah Court of Takengon Class IB in Linge District in Central Aceh in the trial process there is no difference with the trial process at the court office starting from the procedures, the execution is the same. It only differs in the place where the trial is held. The results showed that based on the explanation of the theory of legal effectiveness, there were several theories that had not been fulfilled, so that the implementation of the circuit court in the isbat marriage case had not been effective.
Isbat婚姻是由宗教法院/伊斯兰法院根据适用的规定对穆斯林社区的婚姻进行批准,Isbat婚姻也是政府为没有结婚证书的人所做的努力,以便他们能够重新建立婚姻。政府在这方面的年度计划之一是执行由Takengon IB级伊斯兰法庭执行的婚姻isbat巡回法庭计划。根据从Takengon伊斯兰法院和Linge区宗教事务办公室(KUA)收到的关于婚姻isbat的数据,仍然有一些人没有结婚证书。因此,本文研究的问题是如何在塔根根市中级法院对伊斯巴特婚姻案件进行流动审判,巡回法庭在塔根根市中级法院对伊斯巴特婚姻案件的执行效果如何。本文采用的方法是实地调研、图书馆调研,采用观察法、访谈法、本研究的结果是通过在亚齐中部Linge地区的Syar'iyah Court of Takengon Class IB举行的流动法院审理解决isbat婚姻案件的过程,在审判过程中与法院办公室的审判过程没有区别,从程序开始,执行是相同的。只是审判地点不同而已。结果表明,基于法律效力理论的解释,有几个理论没有得到充分的履行,从而导致巡回法院在isbat婚姻案件中的执行没有取得效果。