WALI ‘ADHOL PADA MASYARAKAT SUKU SASAK (STUDI KASUS DI PENGADILAN AGAMA PRAYA TAHUN 2018-2023)

Muhammad Affandi Yusuf, S.H., NIM.: 22203011061 (2024) WALI ‘ADHOL PADA MASYARAKAT SUKU SASAK (STUDI KASUS DI PENGADILAN AGAMA PRAYA TAHUN 2018-2023). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Wali is one of the pillars of marriage that must be fulfilled. The existence of a wali in reality in the community is often found problematic, affecting the Sasak Tribe community. In carrying out marriage, the Sasak people use customary law and religious law to legitimize the validity or not of consequential marriage. The Sasak Tribe people in marriage have their own way, namely merariq, marriage by merariq can cause the guardian to be reluctant to give his guardianship rights (‘adhol). Because this marriage is strengthened by running away from the prospective bride after asking for the willingness of the guardian to marry. Then the problem of reluctant guardians (‘adhol) is brought to the religious court to be resolved. First , how the Praya Religious Court examines, adjudicates and determines the problem of wali ‘adhol where there is a shift between customary law and religious law. second, whether the decision of the judge of the Praya Religious Court in determining the issue of guardians has reflected the value of justice, usefulness, and legal certainty in the community In this problem, the researcher uses an analytical knife, first, Roscoe Pound's social engineering, in order to analyze the role of the Praya Religious Court judge to engineer the social life of the community. Second theory of the purpose of law by Gustav Radbruch, to analyze the value of justice, usefulness and legal certainty from the decision of the ‘adhol wali application in the Sasak Tribe community. This study uses a type of descriptive-analytical field research with a juridical-sociological approach, with observational data collection techniques, interviews and documentation using an inductive thinking framework. The results of this study show that there is a pluralism of the law of the Sasak community in getting married so that it can cause conflicts, especially customary law and Islamic law, thus giving rise to wali ‘adhol. The role of the judge is to try to reconcile so that the case is withdrawn, reject the application to avoid a fasid or false marriage, and grant for benefit. The value of justice from the decision is that the bride-to-be can obtain her right without discrimination to get married, the benefits of the decision are to eliminate harm to avoid slander and bring benefits and get legal certainty to get married based on the law. Judging from these three aspects, the value of usefulness and certainty is prioritized in the decision of the guardian application rather than the value of justice.

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