URGENSI PEMERIKSAAN SETEMPAT (DESCENTE) DALAM SISTEM PEMBUKTIAN PERKARA PERMOHONAN IZIN POLIGAMI (STUDI PUTUSAN IZIN POLIGAMI PENGADILAN AGAMA TULUNGAGUNG TAHUN (2016-2019)

IMAM FAIZAL BAIHAQI, NIM. 1620311029 (2020) URGENSI PEMERIKSAAN SETEMPAT (DESCENTE) DALAM SISTEM PEMBUKTIAN PERKARA PERMOHONAN IZIN POLIGAMI (STUDI PUTUSAN IZIN POLIGAMI PENGADILAN AGAMA TULUNGAGUNG TAHUN (2016-2019). Masters thesis, UNIVERSITAS ISLAM NEGERI SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In the case of a polygamy permition, in addition to the main claim, the applicant must submit it with the application for the determination of joint assets in the claim letter. In the proof stage, because there is a request for the determination of joint assets, which is usually an object, often there are objects that cannot be presented before the court. Therefore, in order to prove the clarity and certainty (regarding the quantity, quality and size) of an object, the Judge is at his position or at the request of the parties. However, there are differences of opinion regarding whether or not a local inspection is required in the case of the request for a polygamy permition, because it is often found that the respondent has acknowledged all the arguments of the petitioner's request, especially in that there is no dispute. Therefore, this research tries to analyze the position of the local inspection (descente) in the proof stage of the settlement of the polygamy permition case in terms of the benefits to be obtained. This research is a qualitative by using a philosophical-juridical approach that uses books and previous studies which are at the same focus point as secondary data, and a total of 26 decisions on polygamy permition cases in Tulungagung Religious Court in 2016-2019 as primary data. By using maslahat theory, theory to view justice, usefulness and legal certainty as a benefit that must be taken into consideration in the inspection process until the implementation of the case decision. The results showed that the provisions regarding local inspection (descente) can be categorized into three stages, which begin with preparation, implementation and then post local inspection, in which the essence of conducting local inspection itself is the same as ordinary trials in general in court buildings with due regard to the applicable legal principles . The substance of the local inspection itself is to clarify something that is needed to make the truth of an object. Local inspection is important because it will be a fact of the trial that can convince the judge of the existence, condition, quality, and quantity of the object of determination of joint assets in the application for a polygamy permition which will hereby increase the judge's allegation. In addition, the implementation of local inspection when viewed by theory of utilitarianism and the theory of maṣlaḥah, both of which relate to the aspect of benefits, can be said to be appropriate.

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