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All Journal Jurnal Meta-Yuridis Al Furqan: Jurnal Ilmu Al Quran dan Tafsir
Hari Widiyanto
Sekolah Tinggi Agama Islam An-Nawawi Purworejo, Indonesia
Religion Law, Crime, Criminology & Criminal Justice

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DIVORCE OF CIVIL SERVANTS WITHOUT SUPERIOR PERMISSION IN MASLAHA ANALYSIS Hari Widiyanto; Muhajir Muhajir
Jurnal Meta-Yuridis Vol 6, No 1 (2023)
Publisher : fakultas hukum universitas PGRI Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26877/m-y.v6i1.12016

Abstract

This study discusses the divorce of Civil Servants without the permission of superiors in the analysis of Maslaha (case study of decision No. 678/pdt.g/2021/PA.Wsb in the Wonosobo Religious Court) which aims to answer the problem of: (1) What is the judge's consideration in deciding a civil servant divorce case without the superior's permission at the Wonosobo Religious Court? and (2) How is the analysis of Maslaha in the determination of case number 678/pdt.g/2021/Pa.Wsb. The method used is a field study. The data sources used are primary data sources, namely sources obtained directly from the Wonosobo religious court. And secondary data sources are sources of data obtained from books, documents related to research. The method used is the interview method by applying the interview. The results of the study concluded that: (1) Judge's considerations in deciding case number: 678/pdt.g/2021/Pa.Wsb. regarding the divorce of civil servants without the superior's permission by the Wonosobo Religious Court, the court granted the plaintiff's claim. Dismissed the divorce of one ba'in sughra of the defendant (defendant) against the plaintiff (plaintiff). Even without a letter of permission from superiors, on a warning from the judge, the applicant has stated that he is ready to bear all the risks that have been made according to the certificate dated April 13, 2021. (2) Analysis of Maslaha in case determination number 678/pdt.g/2021/Pa.Wsb . This is in accordance with legal norms and does not conflict with syara' which is the basis for proceedings at the Wonosobo Religious Court.
Dasar Hukum dan Pertimbangan Hakim Dalam Memutus Permohonan Izin Poligami Karena Istri Tidak Bisa Menjalankan Kewajiban: Analisis Putusan Hakim Pengadilan Agama Purworejo No. 0090/Pdt.G/2018/PA.Pwr Hari Widiyanto
Al Furqan: Jurnal Ilmu Al Quran dan Tafsir Vol 3 No 1 (2020): Al Furqan: Jurnal Ilmu Al Quran dan Tafsir
Publisher : Prodi Ilmu Al-Qur’an dan Tafsir, Fakultas Ushuluddin, Universitas Tarbiyatut Tholabah Lamongan

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Abstract

Abstract Marriage is a spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family based on the Godhead. (Article 1 of the Marriage Law). Marriage is one of the religious commands to his servants who are able to immediately carry it out. Because marriage can prevent immorality, both in the form of vision and in the form of adultery. One purpose of marriage is to connect descendants who will later be made heirs. In Islam it is permissible for a Muslim man to marry two to four women, if he can and is able and able to maintain and be fair to his wives in providing a living and time distribution. If you are worried that you will not be able to act fairly, then you should marry someone.Polygamy is a marriage between a man and more than one woman at the same time. Until now, polygamy in Indonesia is still a hot topic for research. The evocative performance of the concept, and the support of the rise of polygamy practices, does not seem to have brought a variety of counter-productive views in the community. The emergence of various dilemmatic perceptions, of course one of them starts from the reasons that are the basis of polygamy, as well as the mode adopted by polygamists.Based on the author's research, if there is a Court decision on the Request for Polygamy because the Wife Cannot Carry Out His Obligations as a Wife, then the issue is what is the legal basis and consideration of the judge in deciding the case for a polygamy request because the Wife Cannot Carry Out His Obligatory Analysis of the Decision of the Purworejo Religious Court Judge No. 0090 / Pdt.G / 2018 / PA.Pwr.
Co-Authors Muhajir Muhajir