ANALISIS PERTIMBANGAN HAKIM TERHADAP PERKARA ITSBAT NIKAH POLIGAMI YANG DITOLAK DI PENGADILAN AGAMA MATARAM DAN DIKABULKAN DI PENGADILAN TINGGI AGAMA MATARAM (Studi Putusan Hakim Nomor 0094/Pdt.G/2017/PA.Mtr dan 0042/Pdt.G/2017/PTA.Mtr)
| Main Author: | Nafi’ah, Himmaty Alimatun |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2019
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/46426/1/PENDAHULUAN.pdf http://eprints.umm.ac.id/46426/2/BAB%201.pdf http://eprints.umm.ac.id/46426/3/BAB%202.pdf http://eprints.umm.ac.id/46426/4/BAB%203.pdf http://eprints.umm.ac.id/46426/5/BAB%204.pdf http://eprints.umm.ac.id/46426/6/Lampiran.pdf http://eprints.umm.ac.id/46426/ |
Daftar Isi:
- This research elaborates about the consideration of the judge to decide the legalization of polygamy Number 0094/Pdt.G/2017/PA.Mtr which is rejected by religious court of Mataram. This decision is causing the difference of judges' opinions and also becomes controversial to the society. The supposition of that polygamys' legalization is like a knife which has two sharps. It can help people to solve the problem of secret marriage while the other side can cause the development of illegal practical work of secret marriage and polygamy. The aim of this research is to examine and analyze the background of judges' consideration and law purposes in rejecting and receiving polygamy legalization at number 0094/Pdt.G/2017/PA.Mtr and 0042/Pdt.G/2017/PTA.Mtr based on the principle perspective of the law certainty, the justice, and the benefit, that is still no arrangement to arrange polygamy legalization whether on the law arrangement of goverment, or presidents' instruction. The teory used in this research is teory that correlates with the decision consideration, law certainty, justice, and benefit. Normative-juridical is the approach that used in this research with analytical-descriptive research technique and supported by interviewing the judge who decides the lawsuit number 0094/Pdt.G/2017/PA.Mtr and 0042/Pdt.G/2017/PTA.Mtr as the support of judges' analization and consideration toward polygamy legalization. The result of this research shows that at the number 0094/Pdt.G/2017/PA.Mtr give priority to the certainty principle of law with laws' discovery substantive interpretation method based on determanition regarding to marriage registration and polygamy license. Whereas at the number 0042/Pdt.G/2017/PTA.Mtr gives priority to benefit principle of law with laws' discovery extentive interpretationamd argumentum a'contratio construction method that are give priority to the law certainty of child protection and law development of marriage legalization allowable to protect the child to reach all principles; these are benefit principle, justice principle, and law certainty for each side of society.