Analysis of the Basis of Legal Considerations in Marriage Confirmation Cases (Comparative Study of Decision Number 0368/Pdt.G/2023/PA.Bgi and Decision Number 1525/Pdt.G/2023/PA.Bgi)

The phenomenon of unregistered marriages that are religiously valid but not registered by the state results in the loss of legal protection and obstacles in fulfilling civil rights for wives and children, so that the marriage confirmation procedure in the Religious Court becomes a crucial instrument to provide legal certainty and restore family civil rights. This article is motivated by the phenomenon of unregistered marriages that, although religiously valid, are not registered by the state, resulting in the loss of legal protection and obstacles in fulfilling civil rights such as birth certificates for children, joint property, and inheritance. The method used is a normative legal research method with a case approach, a statutory approach, and a comparative approach to analyze Decision Number 0368/Pdt.G/2023/PA.Bgi and Number 1525/Pdt.G/2023/PA.Bgi. The results revealed that the judge's consideration in granting marriage confirmation is based on the fulfillment of the pillars and requirements of marriage according to Islamic law and the absence of legal obstacles to provide legal certainty for the family. Conversely, the application will be rejected or canceled if it is found that there is a hidden practice of polygamy without court permission in violation of the Marriage Law, as well as procedural flaws such as a lack of interested parties (a consortium of several litigants) in the case. Thus, the judge's decision serves as an instrument to balance the administrative aspects of legal certainty with the achievement of substantive justice for the parties.