LEGITIMACY OF ITSBAT MARRIAGE WITNESS AT THE RELIGIOUS COURT OF BATANG

WITNESS MARRIAGE ITSBAT

Abstract

This paper explains the validity of the witness itsbat marriage in the Religious Courts. The provisions on the permissibility of submitting a marriage itsbat have shifted along with the progress of the times. Initially , an application for itsbat marriage could be submitted to the Religious Courts for marriages that were not registered at the Office of Religious Affairs prior to the enactment of Law Number 1 of 1974, but it has been developed that an application for itsbat can be submitted even if the marriage is carried out after the enactment of Law Number 1 of 1974. 1974. Itsbat marriage according to civil law has resolved the problem. Marriage has been considered valid and legally binding after the issuance of a decision from the Religious Court. However, the validity of the witness 's marriage certificate that must be examined is whether the witness understands the law of marriage regarding the conditions for a valid marriage. In the process of itsbat marriage, the "witness" is one of the elements that must be present in the trial. So the position of the witness becomes very important and decisive. The purpose of this paper is to explore the urgency of the witness itsbat marriage. So that itsbat marriage is not only valid according to civil law but also valid according to religious law. To get a clear picture the author conducted interviews with the Batang Religious Court. The contribution is expected to provide an understanding of the applicant for itsbat marriage to be selective in determining witnesses for itsbat marriage.