PANDANGAN KEPALA KANTOR URUSAN AGAMA KABUPATEN SLEMAN DAN KABUPATEN BANTUL TENTANG BATAS USIA WALI NASAB (STUDI IMPLEMENTASI PERATURAN MENTERI AGAMA NOMOR 20 TAHUN 2019 TENTANG PENCATATAN PERNIKAHAN)

Nafisa Amalia Farah, NIM.: 20103050109 (2024) PANDANGAN KEPALA KANTOR URUSAN AGAMA KABUPATEN SLEMAN DAN KABUPATEN BANTUL TENTANG BATAS USIA WALI NASAB (STUDI IMPLEMENTASI PERATURAN MENTERI AGAMA NOMOR 20 TAHUN 2019 TENTANG PENCATATAN PERNIKAHAN). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriage guardian is one of the pillars that must be fulfilled in order for a marriage to be considered valid. A big question arises as a result of the change in the minimum age limit for guardians in the requirements for puberty in PMA Number 20 of 2019 because there are no clear criteria regarding what is meant by "coming of age" which fulfills the requirements to become a nasab guardian. This is different from the previous regulations, namely PMA Number 11 of 2007, which stated that after the requirements for puberty there were further regulations, namely that the minimum age limit for someone who could become a marriage guardian was 19 years. Based on this, PMA Number 20 of 2019 in Article 12 paragraph (2) becomes the point of problem regarding the requirements for guardians in the criteria for puberty, because it does not explain in detail how puberty is intended. This of course has an impact on the Office of Religious Affairs (KUA) as the institution tasked with implementing these restrictions in deciding who is the legal guardian of the nasab. Therefore, the research was conducted to determine the views of the head of KUA Kabupaten Sleman dan Kabupaten Bantul regarding the age limit for nasab guardians with a study of the implementation of PMA No. 20 of 2019 concerning Marriage Registration with a maslahah mursalah perspective. This type of research is field research which is descriptive analytical in nature using a normative approach. The data source used is a primary source in the form of the views of the heads of KUA Depok and KUA Banguntapan which are then presented by collecting data using interview and documentation methods. The data analysis used in this research is qualitative analysis using a deductive method. The results of the research show the views of the heads of KUA Depok and KUA Banguntapan regarding the implementation of Minister of Religion Regulation Number 20 of 2019 concerning Marriage Registration in Article 12 paragraph (2) in terms of the age limit for nasab guardians that the result is that the heads of KUA have implemented according to the rules and respected these rules, However, in its implementation there are differences because PMA 20 of 2019 concerning Marriage Registration does not explain in detail how puberty is intended. If the views of the head of the KUA regarding these regulations are reviewed from the perspective of maslahah murlah, the results are in accordance with these benefits. This is because the existence of this rule means that anyone in the order of guardians who has reached adulthood can become a guardian, because there is no age that regulates it, which makes the rule more flexible.

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