Hearsay Evidence Admissibility: Due Process and Evidentiary Rules in Muslim Marriage Legalization (Isbat nikah)

Abstract

The validity of hearsay evidence remains a contentious issue in Indonesian civil procedural law, resulting in inconsistent judicial decisions regarding religious civil cases reliant on "hearsay witnesses." For instance, the Samarinda Religious Court accepted hearsay evidence in a marriage legalization case, while the Samarinda Religious High Court rejected it, citing the unsuitability of hearsay in contentious matters. This paper analyzes the judges' reasoning in these decisions to assess whether their considerations align with appropriate legal arguments and the principles of justice and legal certainty. Findings reveal that the Samarinda Religious Court's acceptance was based on exceptional circumstances surrounding the marriage event, whereas the High Court's rejection lacked clear legal justification. The evolving jurisprudence of procedural law in Indonesia offers opportunities to refine the application of hearsay evidence, ultimately enhancing the pursuit of justice and legal certainty for litigants.

Keywords

• hearsay evidence
• muslim marriage legalization
• evidentiary rules
• fairness
• legal certainty