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Marwati, Lusi
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Religion Law, Crime, Criminology & Criminal Justice

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Analisis Pertimbangan Hakim dalam Putusan No.0253/Pdt.P/2016/Pa.Pbg Tentang Dispensasi Pernikahan Mutakin, Ali; Marwati, Lusi
Tasyri' : Journal of Islamic Law Vol. 1 No. 1 (2022): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v1i1.2

Abstract

Marriage dispensation is the granting of the right by the Religious Courts to a person to marry even though they have not reached the minimum age for marriage, if the situation "requires" and there is no other option. In an effort to grant a marriage dispensation, the Religious Courts are required to provide considerations that prioritize the concept of maslahah, namely considerations of goodness and rejecting harm (madharat) in society. This article aims to analyze the decision no.0253/Pdt.P/2016/PA.Pbg regarding marriage dispensation. The type of research used is a normative legal research model (doctrinal). The primary data source used is a copy of the decision of the religious court no. 0253/Pdt.P/2016/PA.Pbg, while the secondary data are books, journal articles related to the discussion theme. The data analysis technique used descriptive analysis, where the data obtained were described and then analyzed. The findings of this article are some of the considerations that become the judge's reference in determining decision no. 0253/Pdt.P/2016/PA.Pbg are 1) based on Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning Marriage. 2) based on written evidence and statements from the two witnesses. 3) based on the true benefit.
Ketidakpuasan dalam Hubungan Biologis menjadi Alasan Poligami di Kabupaten Purbalingga: Studi Analisis Putusan Perkara No.2126/Pdt.G/2021/PA.Pbg Marwati, Lusi; Mutakin , Ali; Isyanto, Nur
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.136

Abstract

Licensing for polygamy is the granting of rights by the Religious Courts to someone to marry more than one wife. As for efforts to implement a polygamy permit, it must comply with the applicable terms and conditions, as stated in Article 4 paragraph (2) and Article 5 paragraph (1). This article aims to analyze the provisions of the decision No. 2126/Pdt.G/2021/PA. Pbg, regarding polygamy licensing. The type of research used is a normative legal research model. The primary data source used is a copy of the decision No. 2126/Pdt.G/2021/PA. Pbg, while secondary data is in the form of books, journals, and interviews. The data analysis technique uses descriptive analysis, where the data obtained is described and then analyzed. The findings of this article are several considerations that are used as a reference for judges in making decisions no. 2126/Pdt.G/2021/PA. Pbg, namely: 1) Based on Article 4 paragraph (2), Article 5 paragraph (1), and law number 1 of 1974. 2) Based on written and oral evidence from the respondent and the statements of the two witnesses. 3) Based on benefit considerations
Co-Authors Isyanto, Nur Mutakin , Ali Mutakin, Ali