HOMOSEKSUALITAS SEBAGAI ALASAN PEMBATALAN PERKAWINAN (ANALISIS PUTUSAN PENGADILAN AGAMA YOGYAKARTA PERKARA NOMOR : 245/Pdt.G/2022/PA.Yk)

Naela Camelia, NIM.: 20103050033 (2024) HOMOSEKSUALITAS SEBAGAI ALASAN PEMBATALAN PERKAWINAN (ANALISIS PUTUSAN PENGADILAN AGAMA YOGYAKARTA PERKARA NOMOR : 245/Pdt.G/2022/PA.Yk). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Homosexuality has become a phenomenon in family law. The number of homosexual deviations in Indonesia has now become the main cause of the failure of a household. This is illustrated in decision number 245/Pdt.G/2022/PA.Yk, which was filed because the husband was proven to have sexual deviations and never provided mental support. So is it true that homosexuality can be a reason for submitting a marriage annulment according to existing regulations. The views and points of justice used by the panel of judges who apparently rejected the verdict of the case should be reviewed using the maqāṣid ash-syarī’ah perspective to trace the verdict from the stipulation of syari'ah which is oriented towards the realization of the benefit of mankind. The type of research conducted by the author is field research with a normative approach. This research uses primary data sources, namely direct interviews with the head of the panel of judges who handled the case. This research uses primary data sources, namely direct interviews with the head of the panel of judges who handled the case. Then it is complemented with secondary data sources derived from books and papers that are relevant to the subject matter to be studied, namely regarding marriage cases, marriage annulment, homosexuality, and maqāṣid ash-syarī’ah, then implementing laws and regulations and library materials. The author uses two theories, namely the theory of justice and maqāṣid ash-syarī’ah. The author finds that in decision number 245/Pdt.G/2022/PA.Yk the panel of judges decided to reject the case based on the consideration of legal facts from the evidence of witnesses who were not in harmony. And there is a legal defect, namely the expiration of the time of the applicant's awareness of the existence of misrepresentation in marriage. However, according to the panel of judges, this decision was decided based on the value of justice to fulfill the interests of the parties, although it did not fully fulfill the principles of maqāṣid ash-syarī’ah

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