DISPARITAS PUTUSAN HAKIM DALAM PERKARA IZIN POLIGAMI (STUDI TERHADAP PUTUSAN PENGADILAN AGAMA WONOSARI)

Dina Sakinah Siregar, S.H., NIM.: 20203012085 (2022) DISPARITAS PUTUSAN HAKIM DALAM PERKARA IZIN POLIGAMI (STUDI TERHADAP PUTUSAN PENGADILAN AGAMA WONOSARI). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (DISPARITAS PUTUSAN HAKIM DALAM PERKARA IZIN POLIGAMI (STUDI TERHADAP PUTUSAN PENGADILAN AGAMA WONOSARI)) 20203012085_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (4MB) | Preview
	Text (DISPARITAS PUTUSAN HAKIM DALAM PERKARA IZIN POLIGAMI (STUDI TERHADAP PUTUSAN PENGADILAN AGAMA WONOSARI)) 20203012085_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (5MB) | Request a copy

Abstract

Articles 3, 4 and 5 of Law Number 1 of 1974 (Marriage Law) explains that the Court can grant a husband's application for polygamy if he fulfills the conditions and reasons set out in that article. However, the author found several cases where the reasons for filing were outside the statutory provisions and the authors found disparities in the judge's decision on these cases. In order to clarify this gap, the author took the sample of 2018-2021 Wonosari Religious Court decisions regarding applications for polygamy permits, then questioned the position of the conditions and reasons for polygamy issues and the attitude of the Wonosari Religious Court Judges in dealing with this problem. This research is the empirical juridical research which is descriptive analysis. This study examines the practice of judges at the Wonosari Religious Court in deciding polygamy cases whose reasons for filing do not comply with the provisions of the article in the Marriage Law. The approach used is a case approach, namely in the form of decisions of the Wonosari Religious Court for 2018-2021 which have permanent legal force. The primary data used are the decisions of the Wonosari Religious Court and the results of the author's interviews with the Judges of the Wonosari Religious Court, while the secondary data used is in the form of legislation which is the primary legal material and related works. The research analysis technique uses qualitative analysis and uses the theory of legal objectives and priority principle theory to answer problems in research. The results showed that: first, the attitude of the Judges of the Wonosari Religious Court towards polygamy applications that did not fulfill the provisions was divided into 3 groups, namely: 1) The judge considered the reasons to be stronger than the requirements, as illustrated in Decisions Numbers 274 and 1222. 2) The judge considered the conditions must take precedence, as illustrated in the rejection of Decision Number 780. 3) The Judge considers that the terms and reasons are interrelated, as illustrated in Decisions Numbers 1291 and 1337. Second, there was a different attitude by the Judge because he saw that there were differences in the Respondent's condition in the five cases which were found in the facts of the trial. In the decision that was rejected, the Respondent (Wife) was in good health and capable (in 1 decision it was also known that the Petitioner did not meet the financial requirements). While in the granted decision it was found that the Respondent (in his confession) was in a condition of being unable to carry out his obligations which was then used as the recognition as a consideration for the Judge to grant the case. Of the five decisions, there is no decision that ignores the reason for polygamy. Third, the judge's legal attitude towards polygamy requests has realized the aspects of justice, certainty and expediency. However, in refusing, the Judge ignored the aspect of benefit for the Petitioner, as reflected in the appeal filed by the Petitioner.

Share this knowledge with your friends :

Actions (login required)

View Item