Itsbat Marriage: Urgency, Problems, and Practices, To Reach Law-Aware Villages in Kubu Raya, West Kalimantan

Abstract

The provisions of Article 49 paragraph (2) of Law Number 7 of 1989 concerning the Religious Courts and Article 7 paragraph (2) and paragraph (3) of the Compilation of Islamic Law are the juridical basis for the Religious Courts to carry out itsbat marriage. This provision also limits marriages that can be requested for itsbat to the Religious Courts if the marriage takes place after the enactment of Law Number 1 of 1974 concerning Marriage. However, because the marriage itsbat is very much needed by the community to fulfill administrative requirements and also to protect the rights of women and children, the judges of the Religious Courts conduct ijtihad by violating these provisions to grant the application for itsbat marriage submitted, taking into account the maslahah for the community. In general. Then the Director General of Badilag made it one of justice for all, especially for the poor Muslim community and those marginalized in the form of circuit courts at home and abroad. The urgency, problems, and practice in Kubu Raya are exciting to discuss because there are many initiations to perform itsbat marriage to get legal protection and certainty, as well as make people more sensitive to the law. The method used in this research combines field research and library research. Data collection methods include primary and secondary legal materials and interviews with the Kubu Raya Religious Court judges. It is hoped that the holding of this itsbat marriage will be able to protect the rights of women and children who are born so that there is no legal deviation and increase public awareness of the law, especially the people in the Kubu Raya area, West Kalimantan.