SIKAP HAKIM TERHADAP PENOLAKAN PERMOHONAN DISPENSASI KAWIN (STUDI PUTUSAN DI PENGADILAN AGAMA WATES)

Zeni Nur Afifah, NIM.: 19103040130 (2023) SIKAP HAKIM TERHADAP PENOLAKAN PERMOHONAN DISPENSASI KAWIN (STUDI PUTUSAN DI PENGADILAN AGAMA WATES). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (SIKAP HAKIM TERHADAP PENOLAKAN PERMOHONAN DISPENSASI KAWIN (STUDI PUTUSAN DI PENGADILAN AGAMA WATES)) 19103040130_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (3MB) | Preview
	Text (SIKAP HAKIM TERHADAP PENOLAKAN PERMOHONAN DISPENSASI KAWIN (STUDI PUTUSAN DI PENGADILAN AGAMA WATES)) 19103040130_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (3MB) | Request a copy

Abstract

This thesis examines the attitude of judges regarding marriage dispensation requests through the decision of the Wates Religious Court in 2021. During that period, 80 cases of marital dispensation were brought before the court, of which 77 were accepted and 3 applications were rejected, namely case No. 68/Pdt. P/2021/PA.Wt, Case Number 74/Pdt.P/2021/PA.Wt, and Case Number 75/Pdt.P/2021/PA.Wt. This study focuses on the reasons underlying judges in rejecting these applications. The purpose of this study is to reveal and understand the reasons for the judges of the Wates Religious Court in rejecting requests for marriage dispensation, as well as to assess the extent to which these judges have reflected the principle of justice for all parties involved. This study uses a qualitative research method, which aims to find an understanding in a descriptive form. The approach used is an empirical juridical approach. The data sources used in this study are divided into two data sources, namely primary data and secondary data. Primary data is data obtained from the Wates Religious Court, namely in the form of 3 (three) decisions and statistical data related to the application for marriage dispensation while secondary data is obtained from various laws and regulations, including Law Number 1 of 1974, Compilation Islamic Law, Law Number 16 of 2019, and the Child Protection Act. The results of this study can be analyzed that the judges' reasons for rejecting the application for marriage dispensation varied. In the rejection of case Number 68/Pdt.P/2021/PA.Wt the judge basically allowed the couple to marry because this refusal was procedural in nature. Where judges are considered underage, they have actually reached the age of 19 (nineteen years). Meanwhile for Case Number 74/Pdt.P/2021/PA.Wt and Case Number 75/Pdt.P/2021/PA.Wt, the judge refused because it was considered that the two partners did not meet the requirements both physically and psychologically. Second, this attitude of refusal is an attempt to maintain or realize the goals of the institution of marriage and to prevent potential adverse effects, namely the inability of the couple to carry out their respective rights and obligations in the household. Third, through this attitude of refusal judges can show good reflections on aspects of justice for spouses and the wider impact on society. Therefore this refusal can be considered as a step or effort to prevent potential losses and realize long-term benefits. This study provides valuable insights into the considerations of judges in making decisions and balancing individual and societal interests.

Share this knowledge with your friends :

Actions (login required)

View Item