TY  - THES
N1  - Pembimbing: Ahmad Syaifudin Anwar, M.H.
ID  - digilib61734
UR  - https://digilib.uin-suka.ac.id/id/eprint/61734/
A1  - Nur Nabilah, NIM.: 19103050015
Y1  - 2023/08/09/
N2  - Occasionally the decisions made by the panel of judges in determining
similar cases are not the same as the results of their decisions. The cases in
Judgment Number 5/Pdt.G/2019/PN.Bms and Number 17/Pdt.G/2016/PN.Kds are
the same type of case, namely about the breaking of a promise to marry. However,
the results of the decisions of the two cases are different, the panel of judges of
the Banyumas District Court decided the case as a tort case, while the panel of
judges of the Kudus District Court decided the case as a default case. This has led
to a big question regarding the difference in the results of decisions in similar
types of cases.
The type of research conducted by the author is normative legal research
with a literature study. The author uses maq??id shar?'ah theory as a perspective to
explore the Religious Court Decision. This is based on the reasoning that maq??id
syar?'ah is the core of the establishment of sharia which is oriented towards the
realization of the benefit of mankind. There are five objectives of Islamic law
including maintaining religion (hif? al-d?n), maintaining the soul (hif? al-nafs),
maintaining the intellect (hif? al-'aql), maintaining offspring (hif? al-nasl), and
maintaining property (hif? al-m?l).
The author discovers that In Decision No. 5/Pdt.G/2019/Pn.Bms, the panel
of judges decided the case as a case of tort by referring to Article 1365 BW and
Supreme Court Jurisprudence number 3191 K/Pdt/1984 in this case because the
Plaintiff suffered material and immaterial losses in the form of shame and loss of
chastity due to the defendant's behavior. Meanwhile, Decision number
17/Pdt.G/Pn.Kds decided the case as a default case based on Article 1233 of the
Civil Code, in this case the Plaintiff suffered material losses in the form of
dependents for child care costs from pregnancy to birth and immaterial losses due
to pregnancy outside a legal marriage. when the legal basis used by the judge in
deciding a case is different, the resulting decision will also be different, even
though the case decided is similar. The judge's decision in these two similar cases
has partially fulfilled the benefits of the parties. It is said to be partial because
each case only fulfills some of the five elements of maq??id syar?'ah
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - PMH
KW  -  Wanprestasi
KW  -  Maqa?id Syari?ah.
M1  - skripsi
TI  - PENGINGKARAN JANJI MENIKAHI DALAM PERSPEKTIF MAQASID SYARI?AH (ANALISIS PERBANDINGAN PUTUSAN NOMOR 17/Pdt.G/2016/PN.Kds dan NOMOR 5/Pdt.G/2019/PN.Bms)
AV  - restricted
EP  - 108
ER  -