The Legal Reasoning of Judges of the Batang Religious Court in the Decision of Itsbat Marriage Case Number 16/Pdtp.P.2022.PA.Btg

Abstract

This research examines the legal reasoning of judges at the Batang Religious Court in the decision of itsbat marriage number 16/Pdt.P/2022/PA.Btg. Legal reasoning is needed by judges in making legal considerations in a case. This type of research is empirical legal research with a qualitative approach. The results showed that in the decision of itsbat marriage No. 16/Pdtp.P.2022.PA.Btg, the Panel of Judges was guided by Law No. 1 of 1974 concerning Marriage and Compilation of Islamic Law as a decision on the validity of the Petitioners' marriages. Apart from that, the reason for the interests of population administration is also a legal consideration in granting the application for itsbat marriage. For the researchers, the Panel of Judges made it too easy for the process of granting itsbat marriagefor the perpetrators of unregistered marriages, which was feared to have an impact on the spread of unregistered marriages in society