ALASAN MENDESAK MENURUT HAKIM PENGADILAN AGAMA WONOSARI DALAM MEMUTUS PERKARA PERMOHONAN DISPENSASI NIKAH

Taufiqur Rohman, NIM.: 20203012066 (2023) ALASAN MENDESAK MENURUT HAKIM PENGADILAN AGAMA WONOSARI DALAM MEMUTUS PERKARA PERMOHONAN DISPENSASI NIKAH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (ALASAN MENDESAK MENURUT HAKIM PENGADILAN AGAMA WONOSARI DALAM MEMUTUS PERKARA PERMOHONAN DISPENSASI NIKAH) 20203012066_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (1MB) | Preview
	Text (ALASAN MENDESAK MENURUT HAKIM PENGADILAN AGAMA WONOSARI DALAM MEMUTUS PERKARA PERMOHONAN DISPENSASI NIKAH) 20203012066_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (4MB) | Request a copy

Abstract

The highest number of underage marriages in 2019 in the province of Yogyakarta Special Region is Gunungkidul Regency. The existence of conditions like the above, of course, is of particular concern, especially with regard to requests for dispensation from marriage for couples who will enter into underage marriages. However, the researchers found several decisions of the Wonosari Gunungkidul Religious Court which granted the request for dispensation from marriage whose reasons were not due to pregnancy out of wedlock. Departing from these problems, this study seeks to answer the question of why the Wonosari Religious Court judge granted the request for marriage dispensation on the grounds that it was not due to pregnancy out of wedlock, as well as how to analyze justice, certainty and expediency for the compelling reason for the Wonosari Religious Court judge to grant the request for marriage dispensation on the grounds not because pregnant out of wedlock? This type of research is field research (Field Research) and characterdescriptive-analytic.The data source used in this study used primary data, namely interviews with 4 (four) judges at the Wonosari Religious Court who granted the request for dispensation from marriage on the grounds that they were not pregnant out of wedlock. Then, secondary data sources are documentation in the form of decisions, reports, notes, transcripts. The approach used is an empirical normative approach, qualitative data analysis using inductive methods and using an analytical knife on the principle of freedom of judges and Gustav Radbruch's theory of legal purposes. The results showed that the reason for urging the judge of the Wonosari Religious Court in the judge granted the request for dispensation of marriage on the grounds that he was not pregnant out of wedlock was due to an urgent reason in the form of prevention against violations of religious norms, namely prevention of the child falling into adultery, and prevention of violations of social norms , in the form of prevention of disgrace to the family. This is because the culture of the Gunungkidul people assumes that when the child is engaged, they can have a relationship like husband and wife. So, when the judge grants the marriage dispensation, it will give kindness to the applicants and their children. This kindness is in the form of prevention against family disgrace in society. Thus, when the judge does not immediately grant the request and then the child performs a husband-wife relationship until she becomes pregnant out of wedlock, then the family's good name will become the talk of the town and become a disgrace in society. However, the goals of the Wonosari Religious Court judges in preventing violations of religious norms and preventing violations of social norms are not in line with the development of law in Gunungkidul district.

Share this knowledge with your friends :

Actions (login required)

View Item