Kumulasi Isbat Nikah dan Cerai Gugat dalam Penyelesaian Perceraian pada Perkawinan Tidak Tercatat: Analisis Perlindungan Hak

Abstrak

Unregistered marriages often create legal uncertainty that disadvantages women and children, particularly in cases involving domestic disputes and violence. Without valid legal documents, victims face difficulties in obtaining legal protection and access to civil rights. This study aims to analyze: (1) the judges’ legal considerations in accepting the cumulation of marriage legalization (isbat nikah) and divorce claims, especially when the defendant is uncooperative; and (2) the effectiveness of such cumulation in providing legal certainty and protecting the rights of women and children. In this context, case cumulation refers to the combination of a marriage legalization petition and a divorce lawsuit within a single judicial process and decision. This study employs a normative-empirical legal approach using a case study method through the analysis of religious court decisions and interviews with judges, analyzed descriptively and analytically. The findings show that the cumulation mechanism constitutes a juridical breakthrough based on a progressive interpretation of marriage legalization provisions, the principles of simple, fast, and low-cost justice, and the principle of maslahah. This mechanism is effective because it enables marriage legalization and divorce decisions to be resolved in a single proceeding, thereby ensuring faster protection of the civil rights of wives and children. The scientific contribution of this study lies in its examination of case cumulation as a form of progressive legal protection for women and children in unregistered marriages, particularly when the defendant is uncooperative.