DZULFAHMI, NAUFAL (2020) PERANAN WALI HAKIM DALAM MENGGANTIKAN KEDUDUKAN WALI ADHAL (Studi Terhadap Penetapan Pengadilan Agama Purwodadi No. 0136/Pdt.P/2017/PA.Pwd. ). Bachelor thesis, UNIVERSITAS MUHAMMADIYAH PURWOKERTO.
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Abstract
Guardian is one of the important requirements in a marriage because it will be illegal without the presence of the guardian. Sometimes a guardian refuses or is reluctant to marry off his daughter who is already baligh or adult because the guardian believes and adheres to a traditional Javanese belief that the house and the prospective daughter's husband face the direction of Ngalor Ngetan (north-east).
Based on this, the researcher formulated a research objective, namely the judges' legal considerations in determining Wali Adhal in The Court Decree No. 0136 / Pdt.P / 2017 / PA.Pwd and the perspective of community in responding to the determination of guardian in marriage. The research method used was a normative juridical approach, a research specification of analytical prescriptive ; data collection method of literature the study was followed up with interviews, and a qualitative-normative method for the data analysis. The result of this research is that the judge granted the guardian's request which is in accordance with the applicable law based on Article 23 KHI, Article 2 paragraph (1) Regulation of the Minister of Religion Number 2 of 1987 jo.
Regulation of the Minister of Religion Number 30 of 2005 concerning Magistrate Guardian and Article 18 paragraph (4) and (5) of Regulation of the Minister of Religion Number 11 of 2007 concerning Marriage Registration. These considerations are based on juridical-normative considerations, which aim to simplify the procedures for the marriage and marriage contract to be carried out because in fact the two have fulfilled the marriage requirements, but they do not have a marriage guardian because the male relative guardian is adhal (refuses to be the guardian).
And some residents still believe in the tradition or belief of ngalor-ngetan, it is proven that there are still many guardians who refuse to become guardians of marriage (adhal) because of the belief. However, other residents consider that the belief is only a myth in the society that cannot be proven. The policy of replacement of male-relative guardian with a magistrate guardian is the right solution because it simplifies the affairs and procedures of the marriage as well as bring benefits, namely avoiding the prospective bride and groom from adultery due to obstruction of the marriage.
Dosen Pembimbing: | SOEDIRO, SOEDIRO | unspecified |
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Item Type: | Thesis (Bachelor) |
Uncontrolled Keywords: | decree of Religious Courts, Wali Adhal |
Subjects: | K Law > K Law (General) |
Divisions: | Fakultas Hukum > Ilmu Hukum S1 |
Depositing User: | wulan |
Date Deposited: | 09 Aug 2022 01:19 |
Last Modified: | 04 Jul 2024 08:09 |
URI: | http://repository.ump.ac.id/id/eprint/13417 |
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