REALIZING ACCESS TO JUSTICE THROUGH CASE RESOLUTION (ISBAT NIKAH): A STUDY OF ITINERANT COURT SESSIONS AT THE SUNGGUMINASA RELIGIOUS COURT

Abstract

This study was motivated by the persistent prevalence of unregistered marriages (nikah siri) in Indonesia, which has generated various legal issues, particularly concerning legal certainty, the protection of the rights of wives and children, and access to public administrative services. Although isbat nikah (judicial validation of marriage) serves as a legal mechanism to formalize unregistered marriages, many communities continue to face barriers in accessing judicial services due to geographical constraints, economic limitations, and low levels of legal awareness. This study aims to analyze the mechanism for resolving isbat nikah cases through circuit court hearings at the Sungguminasa Religious Court Class IA, identify the factors that support and hinder their implementation, and examine their contribution to expanding access to justice and strengthening legal certainty for the community. This research employed a qualitative method with an empirical approach. Data were collected through interviews, documentation, and literature review and were analyzed using descriptive qualitative techniques. The findings reveal that the resolution of isbat nikah cases through circuit court hearings is conducted in accordance with the procedural law governing the Religious Courts, encompassing the stages of application submission, administrative examination, court hearings, evidentiary proceedings, and judicial determination, which subsequently serves as the legal basis for marriage registration at the Office of Religious Affairs (Kantor Urusan Agama). The implementation of circuit court hearings has effectively improved public access to judicial services by promoting the principles of simplicity, efficiency, and affordability. Their successful implementation is supported by effective collaboration among the Religious Court, the Office of Religious Affairs, local government institutions, adequate budget allocation, and supporting facilities, while the main challenges include limited infrastructure, incomplete administrative documents, and low public awareness regarding the importance of marriage registration. This study demonstrates that circuit court hearings function not only as a mechanism for resolving isbat nikah cases but also as a strategic instrument for expanding access to justice, strengthening legal certainty, and enhancing legal protection for families, particularly women and children whose marriages were previously unregistered.