PENOLAKAN PENCEGAHAN PERKAWINAN OLEH WALI NASAB (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 517 K/Ag/2014)

Septia Mahendra Kurniawan, NIM.: 17103040055 (2021) PENOLAKAN PENCEGAHAN PERKAWINAN OLEH WALI NASAB (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 517 K/Ag/2014). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In the case that is the object of this research, namely the Supreme Court Decision Number 517 K/Ag/2014, regarding a guardian of a daughter who wishes to prevent her child's marriage, because the father believes that his prospective son-in-law behaves badly. The father of the daughter then submitted an application to the Mojokerto Religious Court to prevent his son's marriage. However, it was rejected by the Mojokerto Religious Court with the determination. Number 0053/Pdt.P/2014/PA.Mr. The father of the girl then filed an appeal against the determination of Number 0053/Pdt.P/2014/PA.Mr. However, his appeal was also rejected by the Panel of Examining Judges at the Supreme Court in Decision Number 517 K/Ag/2014. This research was conducted to find out what the judges considered in refusing the petition for marriage prevention submitted by the applicant, in deciding the case Number 517 K/Ag/2014 and whether the decision reflected justice, expediency, and legal certainty. The research method used is descriptive-analytic based on the law approach and the case approach. The theory used is the theory of legal discovery and the theory of legal goals. Data collection techniques were carried out by means of library research, by collecting primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study conclude that: First, the legal considerations of the panel of judges in rejecting the application for marriage prevention in the case of the Supreme Court's decision Number 517 K/Ag/2014 because the applicant has no legal reason to prevent the early marriage of DA bin K, the applicant's biological child with A. Second, Supreme Court Decision Number 517 K/Ag/2014 contains legal objectives, namely justice, certainty and expediency. These three aspects can be seen from the consideration of the panel of judges in deciding the case. It was found that this decision has fulfilled all three aspects of the legal objectives, but is more inclined to legal certainty, while the aspects of justice and expediency are not so achieved proportionally.

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