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

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Trizulharmiman Alwi Department of Law, Institution of Pohuwato University, Pohuwato, Indonesia, Email: [email protected]

Rasdianah Faculty of Law, Pohuwato University

Irwan Faculty of Law, Pohuwato University

Hardiyanto Putra Limonu Faculty of Law, Pohuwato University

0Citations

Publisher

PT Media Jurnal dan Pendidikan

ISSN

2986-2094

eISSN

2985-900X

Received

14 October 2026

Accepted

17 October 2026

Online

21 November 2025

Issue

Vol. 3 No. 2 (2025)

Pages

38-40

Article ID

575

Language

English

Keywords

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.

References 15

Republic of Indonesia, Law Number 1 of 1974 concerning Marriage.

Republic of Indonesia, Compilation of Islamic Law.

Republic of Indonesia, Law Number 7 of 1989 concerning Religious Courts.

Republic of Indonesia, Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts.

Republic of Indonesia, Law Number 50 of 2009 concerning the Second Amendment to Law Number 7 of 1989 concerning Religious Courts.

Republic of Indonesia, Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage.

Marisa Religious Court, Decision Number 338/Pdt.G/2022/PA.Msa.

Abdul Manan, Application of Civil Procedure Law in Religious Courts. Jakarta: Kencana, 2012.

CST Kansil, Introduction to Indonesian Law and Legal System. Jakarta: Balai Pustaka, 2002.

Satjipto Rahardjo, Legal Science. Bandung: Citra Aditya Bakti, 2000.

Abdullah Rambe, Religious Court Procedure in Indonesia. Jakarta: Sinar Grafika, 2010.

Mufidah Ch., Gender-Aware Islamic Family Psychology. Malang: UIN Malang Press, 2008.

Philipus M. Hadjon, Legal Protection for the Indonesian People. Surabaya: Bina Ilmu, 1987.

Sudikno Mertokusumo, Indonesian Civil Procedure Law. Yogyakarta: Liberty, 2005.

Trizulharmiman Alwi, Analysis of the Judge's Considerations for Not Accepting the Isbat Divorce Lawsuit in Accordance with the Marisa Religious Court Decision, Thesis, Pohuwato University, 2025.

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Citation style

Alwi, T., Rasdianah, Irwan, & Limonu, H. P. (2025). 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. Journal Law and Justice, 3(2), 38–40. https://doi.org/10.59211/j.lawjustice.v2i1.575

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