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PROSEDUR PENETAPAN PENGADILAN AGAMA BLITAR TENTANG WALI ADHAL DISEBABKAN ADAT NGALOR NGULON (IMPLEMENTASI ASAS KEADILAN, KEPASTIAN, DAN KEBERMANFAATAN DALAM PERKARA NOMOR 0095/PDT.P/2018/PA.BL)

Masdipura, R. Aji Digdaya (2019) PROSEDUR PENETAPAN PENGADILAN AGAMA BLITAR TENTANG WALI ADHAL DISEBABKAN ADAT NGALOR NGULON (IMPLEMENTASI ASAS KEADILAN, KEPASTIAN, DAN KEBERMANFAATAN DALAM PERKARA NOMOR 0095/PDT.P/2018/PA.BL). Undergraduate (S1) thesis, University of Muhammadiyah Malang.

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BAB I.pdf

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Abstract

The phenomenon of the guardian is very familiar in the world of Islamic law and specifically within the Religious Courts. The necessity of a guardian in marriage has clearly been explicitly ordered by Rasulullah SAW. The guardian of nasab is considered Adhal (reluctant) if his refusal is not based on shari'ah, so the solution of a daughter who wants to marry a potential husband is to ask for a court decision that her guardian nasab is right and appoint a judge's guardian to be the guardian in her marriage. The purpose of this study is to find out the background of the stipulation of the Determination of Number 0095 / Pdt.P / 2018 / PA.BL and describe how the procedures and mechanisms passed by the Petitioner until the issuance of the determination. Next is to analyze the determination whether it meets the principles of justice, certainty, and usefulness of the law, hereinafter referred to as legal purposes with a knife analysis of the target variables based on the perspective of the German legal philosophy figure, Gustav Radbruch. The approach used in this study is juridical-normative, which is to examine whether the principles of justice, certainty, and usefulness of the law become a reference in determining this case and whether it has been applied as a whole or not. Data collection is done by observation, interviews, and collecting documents relating to research. The data analysis technique in this research is to use a descriptive-qualitative method that is describing the results of research and analysis based on legal theory and its compliance with the determination as a legal product. The results of this study indicate that the petition case entered into a voluntair case where there was no dispute in it and was resolved with a brief trial mechanism namely, efforts to reconcile, read the petition, proof, conclusion, and finally the reading of the determination. Determination of the Number 0095 / Pdt.P / 2018 / PA.BL is considered by the author to have fulfilled the principles of justice, certainty, and usefulness based on the facts of the field and the legal objectives variables according to Gustav Radbruch.

Item Type: Thesis (Undergraduate (S1))
Student ID: 201510020311018
Thesis Advisors: Syamsurizal Yazid (0712125601), Muhammad Arif Zuhri (0716028502)
Keywords: Guardian Adhal, Justice, Certainty, Benefit.
Subjects: B Philosophy. Psychology. Religion > BL Religion
B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc
K Law > K Law (General)
K Law > KZ Law of Nations
Divisions: Faculty of Islamic Studies > Department of Islamic Family Law (Ahwal Syakhshiyyah) (74230)
Depositing User: 201510020311018
Date Deposited: 14 Nov 2019 07:23
Last Modified: 14 Nov 2019 07:23
URI : http://eprints.umm.ac.id/id/eprint/55556

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