relation: https://digilib.uin-suka.ac.id/id/eprint/77963/
title: DISPARITAS PUTUSAN PENGADILAN AGAMA TENTANG PERMOHONAN IZIN POLIGAMI (STUDI PUTUSAN PENGADILAN AGAMA WONOSARI DAN SURABAYA)
creator: Nurul Ulfa, NIM.: 22203011059
subject: 297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)
description: The research entitled "Disparity of Religious Court Decisions Regarding  Applications for Polygamy Permits: A Study of Wonosari and Surabaya Religious  Court Decisions" is motivated by the disparity in the decisions of judges at the  Wonosari and Surabaya Religious Courts regarding polygamy permits. Judges at  the Wonosari Religious Court and Judges at the Surabaya Religious Court have  different opinions in determining polygamy permits. As per Article 4 paragraph  (2) of the Marriage Law in conjunction with Article 57 of the KHI, there is a  disparity in understanding and applying the article to the applicant and the  respondent. in the case at the Wonosari Religious Court in  No.957/Pdt.G/2018/PA.Wno, and No.1222/Pdt.G/2018/PA/ Wno, and also at the  Surabaya Religious Court with No.6357/Pdt.G/2021/PA.Sby and  No.3886/Pdt.G/2021/PA.Sby there was a disparity in the judges' decisions. First  thing that comes to mind is how the findings and interpretations in the Wonosari  and Surabaya Religious Courts regarding permit applications with the same  subject matter resulted in different decisions. And why there is such a disparity in  decisions regarding polygamy permit applications in the Wonosari and Surabaya  Religious Courts.  This research is a library research approach. The data analysis method used  is qualitative analysis using an inductive and deductive framework, and the data  collection technique utilizes decisions, books, journals, and previous research.  The results of the study show that the causes of the disparity in the decisions  above are due to several things, namely in placing Article 4 paragraph (2) of Law  Number 1 of 1974 in conjunction with Article 57 of the Compilation of Islamic  Law, the judges of the Wonosari Religious Court use the article with a limitative  nature and cannot be expanded, Judges at the Wonosari Religious Court; First, use  a textual and restrictive interpretation approach. Second, the position of the norm  is understood in a limitative manner. Third, alternative conditions become the  main conditions. Fourth, consideration of social facts is not accommodated. Fifth,  the orientation of the decision is legal certainty. Sixth, using the rule-based  reasoning method. Seventh, the implications of the decision are consistent but less  neat, while the Surabaya Religious Court is more progressive with a theological  approach; First, the theological and contextual approach. Second, the position of  the norm is interpreted by considering the law, third, alternative conditions can be  considered together with factual conditions. Fourth, consideration of social facts is  accommodated as a legal reality. Fifth, the orientation of the decision is  substantive justice and expediency. Sixth, using case-based reasoning. Seventh,  the implications of the decision are adaptive. Judges at the Wonosari and  Surabaya Religious Courts differ in paradigm. The Wonosari Religious Court uses  a formal-legalistic approach, while the Surabaya Religious Court uses a  progressive-substantive approach. Furthermore, the Wonosari and Surabaya  Religious Courts are motivated by different sociological backgrounds.
date: 2026-08-03
type: Thesis
type: NonPeerReviewed
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/77963/1/22203011059_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/77963/2/22203011059_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf
identifier:   Nurul Ulfa, NIM.: 22203011059  (2026) DISPARITAS PUTUSAN PENGADILAN AGAMA TENTANG PERMOHONAN IZIN POLIGAMI (STUDI PUTUSAN PENGADILAN AGAMA WONOSARI DAN SURABAYA).  Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.