PRAKTIK PENYELENGGARAAN PERKAWINAN OLEH PENGHULU SWASTA (STUDI DI KABUPATEN BUNGO, JAMBI)

Achmad Jarchosi, SH., NIM.: 18203010028 (2021) PRAKTIK PENYELENGGARAAN PERKAWINAN OLEH PENGHULU SWASTA (STUDI DI KABUPATEN BUNGO, JAMBI). Masters thesis, SUNAN KALIJAGA YOGYAKARTA.

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Abstract

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.

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