PERAN KANTOR URUSAN AGAMA DALAM MENCEGAH KASUS COVER UP MARRIAGE DI YOGYAKARTA (STUDI KASUS KANTOR URUSAN AGAMA KAPANEWON PIYUNGAN)

Muhammad Fikri Akbari, NIM.: 22203012073 (2025) PERAN KANTOR URUSAN AGAMA DALAM MENCEGAH KASUS COVER UP MARRIAGE DI YOGYAKARTA (STUDI KASUS KANTOR URUSAN AGAMA KAPANEWON PIYUNGAN). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriage based on Islamic law and the law is a physical and mental bond between a man and a woman. In practice, marriage is carried out in accordance with legal norms but in the modern era there is a phenomenon with hidden sexual orientation (cover up marriage), which can lead to marriage annulment and divorce. This phenomenon reflects the existence of legal loopholes that allow a person to circumvent legal objectives without directly violating the rules. Therefore, this research is directed at exploring the Office of Religious Affairs an institution that has the authority in the initial process of legalizing marriage, carrying out its role in dealing with the issue of cover up marriage. This research uses a field research method that aims to describe, collect and analyze factual data obtained directly from the Piyungan Religious Affairs Office. In the data collection process, researchers first made observations of the Religious Affairs Office institution in order to obtain an overview of the dynamics of cover-up marriage cases that had occurred. After that, interviews were conducted directly with related parties at the Religious Affairs Office to explore how this institution carried out its role in preventing marriage practices motivated by the motive of hiding sexual orientation. The approach used is empirical juridical, namely by examining the normative aspects of the law combined with factual conditions in the field. This research also refers to Soerjono Soekanto's role theory framework, Lawrence M. Friedman's legal system theory and maslahah mursalah theory in Islamic law as the basis for analyzing the prevention strategy implemented by the Religious Affairs Office. From the results of the discussion, this research shows that the Religious Affairs Office not only functions as an administrative institution, but also has an educative, mediative, social, and collaborative role in maintaining the integrity of the marriage institution. The strategies used include the implementation of Marriage Guidance (BIMWIN), premarital interviews, religious counseling, and coordination with community leaders and related institutions. However, the Religious Affairs Office still faces various obstacles, such as limited regulations, the absence of formal authority to detect the psychological aspects or sexual orientation of prospective brides, and low awareness of legal culture in the community. The research also shows that the principle of maslahah mursalah can be a relevant normative foundation to address contemporary issues in marriage practices in Indonesia.

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