Pelaksanaan Permohonan Wali Adhol Dalam Suatu Perkawinan Di Pengadilan Agama Pekanbaru Ditinjau Dari Peraturan Menteri Agama Republik Indonesia Nomor 30 Tahun 2005 Tentang Wali Hakim

Irwan Chantika, Shalsabila (2022) Pelaksanaan Permohonan Wali Adhol Dalam Suatu Perkawinan Di Pengadilan Agama Pekanbaru Ditinjau Dari Peraturan Menteri Agama Republik Indonesia Nomor 30 Tahun 2005 Tentang Wali Hakim. Other thesis, Universitas Islam Riau.

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Abstract

Basically, an adhol guardian is a guardian who is reluctant to marry his daughter to a man of his choice for reasons that are not syar'i and have no legal force. Wali adhol itself occurs due to many factors. Prospective brides who object because their legal guardians can submit an application to the Religious Court which oversees the KUA where the applicant is domiciled. In Indonesia itself there are several regulations governing religious guardians, one of which is Minister of Religion Regulation Number 30 of 2005 concerning Guardian Judges, in the case of religious guardians the Pekanbaru Religious Court receives 9 (nine) requests within one year, namely 2020, where there are 6 (six) requests were granted by the Panel of Judges of the Pekanbaru Religious Court. The formulation of the problem in this study is, First, how is the implementation of the application for guardian adhol in a marriage at the Pekanbaru Religious Court. Second, what is the legal basis for judges in granting the request for legal guardianship in a marriage at the Pekanbaru Religious Court in terms of the Pekanbaru Religion Minister's Regulation Number 30 of 2005 concerning Judge Guardians. The type of research that the authors use in this study is empirical sociological research by means of a field trip to obtain some data (Observational Research). The data and data sources that the authors use are primary data, which is obtained by going directly to the field, and secondary data, which is obtained from the library search process. The data collection techniques that the authors use are observation, interviews, and documentation. While the method of drawing conclusions that the author uses in this study is the deductive method of drawing conclusions, namely drawing conclusions from things that are general to specific. From the results of the research and discussion that the authors found, they are as follows: First, the implementation of an application for guardianship at the Pekanbaru Religious Court begins with submitting an application for guardianship addressed to the Chairperson of the Pekanbaru Religious Court through the Registrar by including a rejection letter from the KUA, if the applicant is correct and complete then pay the down payment of the case and the clerk issues the case number. Next is the trial process, the Court will summon the related parties to make peace, if it is not successful it will continue with the reading of the application letter, then proof, the last is the reading of the decision, if in the process of proving the guardian is proven adhol, then the request will be granted. Second, the legal basis that the judge considers in granting the request is that there is no prohibition on marriage between the two prospective brides, has met the requirements in the Marriage Law and PMA Number 30 of 2005 concerning the Judge's Guardian, as well as the reasons and evidence that submitted by the applicant.

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