TY  - THES
N1  - Pembimbing : Dr. Ahmad Bunyan Wahib,
ID  - digilib47141
UR  - https://digilib.uin-suka.ac.id/id/eprint/47141/
A1  - Achmad Jarchosi, SH., NIM.: 18203010028
Y1  - 2021/06/16/
N2  - Marriage registration is a form of state concern for the affairs of individual
citizens in order to protect rights and ensure the fulfillment of obligations as an
implication of the implementation of marriage. In carrying out the task of
registering marriage, the state mandates the KUA. As a result of the election of
the KUA as the institution for registering marriages, the entire role of the head
was delegated to the head of the KUA as a form of representation from the
government. In the practice of organizing marriages in the Bungo district, the
KUA leaders hand over the implementation of marriages to penghulu swasta who
have positions as ?pegawai syara?? for certain reasons. Even though in formal
juridical there are no rules that underlie this method of marriage. Thus the main
problems that will be discussed in this paper are formulated, namely; First, how is
the process of implementing marriages organized by penghulu swasta? and, why
does the practice of organizing marriages by penghulu swasta still exist in Bungo
district?
To answer the main problem, research was conducted by collecting
related data and conducting direct observations in the field on the practice of
organizing marriages as well as conducting interviews with penghulu swasta in
Bungo district. Furthermore, the results of the research are processed qualitatively
and analyzed using the theory of legal systems initiated by Lawrence M.
Friedman and legal chaos theory. These two theories collaborate to form an
inseparable whole.
The practice of holding marriages by penghulu swasta in Bungo Regency
is carried out because of the structural weakness of the law. This means that the
law-implementing apparatus cannot carry out their duties effectively for several
reasons, namely, first, the access of the penghulu institution. Second, the lack of
penghulu personnel and, third, the safety of the penghulu on duty. Due to the
structural weakness of the marriage legal system in Bungo, the rule of law cannot
be implemented effectively, so that sometimes people seek alternative solutions
with the services of a penghulu swasta. Thus, chaos was identified in the practice
of organizing marriages in Bungo. Therefore, the local KUA asks the penghulu
swasta to cooperate in the affairs of organizing community marriages by not
eliminating the influence, duties and functions of the penghulu swasta in the
community culture. The policy taken by the local KUA, although it does not have
a legal umbrella, has substantially formed a new equilibrium that has an impact on
the balance of the marriage legal system, from chaos to order.
PB  - SUNAN KALIJAGA YOGYAKARTA
KW  - Perkawinan
KW  -  Penghulu Swasta
KW  -  Pencatatan Perkawinan
M1  - masters
TI  - PRAKTIK PENYELENGGARAAN PERKAWINAN OLEH PENGHULU SWASTA (STUDI DI KABUPATEN BUNGO, JAMBI)
AV  - restricted
EP  - 184
ER  -