Analysis of the Judge's Considerations for the Non-Acceptance of the Isbat Divorce Lawsuit in the Marisa Religious Court Decision Number 338/Pdt.G/2022/PA.Msa

Kajian yuridis normatif atas putusan Pengadilan Agama Marisa Nomor 338/Pdt.G/2022/PA.Msa

Abstract

This article analyzes the judge's considerations for rejecting the divorce petition in the Marisa Religious Court Decision Number 338/Pdt.G/2022/PA.Msa. The issue of divorce isbat arises when marriages and divorces occur religiously or underhand but have not yet received state administrative recognition. This research uses a normative juridical method with a statutory approach, a case approach, and a conceptual approach. Primary legal materials include the Marriage Law, the Religious Courts Law, the Compilation of Islamic Law, civil procedural law, and Decision Number 338/Pdt.G/2022/PA.Msa. The results show that the rejection of the lawsuit was based on formal and material considerations, particularly the failure to fulfill the requirements for proving the marriage that would serve as the basis for legalizing the divorce. The judge placed procedural legal certainty as the primary basis because a divorce can only be recognized if the marriage is proven to be valid according to law. However, this decision also creates problems of benefit for the parties because the marital status and divorce remain unclear. This article emphasizes the importance of a balance between legal certainty, substantive justice, and the active role of judges in divorce isbat cases.