进步法视角下的西里一夫多妻制婚姻,第 5065/Pdt.G/2019/PA.Clp 号判决的案例研究

Ummu Salamah Nur Rohmawati
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摘要

这是一起关于丈夫和第二任妻子向西拉卡普宗教法庭申请结婚的案件。他们的婚姻是在第一任妻子不知情的情况下缔结的。提出这项申请是为了使他们的西里婚姻合法化,以便正式记录在案,这对婚生子女的合法性和其他公民权利都有影响。本研究的目的是找出法官批准婚姻isbat申请背后的考虑和因素,然后第二个目标是从进步法律的角度分析第5065/Pdt.G/2019/PA.Clp号裁决的结果。这类研究是图书馆研究,采用的是渐进法律理论的规范法学方法。第5065/Pdt.G/2019/PA.Clp号判决中的Itsbat婚姻案的结论是,法官考虑了人道、社会正义和所有相关方的利益等方面。从实质正义的角度来看,该判决反映了一种考虑到儿童最佳利益、家庭和谐以及保护妇女权利的方法。从法官的背景来看,其对当地社会和文化价值观的深刻理解,以及对与婚姻有关的宗教规范的 广泛理解,可能对做出该裁决产生了影响。法官还可能考虑到了保护儿童权利的紧迫性以及公平、和平解决家庭冲突的必要性。因此,做出该裁决表明法官致力于根据社区的社会、文化和宗教价值观实现实质性正义,同时确保保护案件所涉个人的权利。
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Itsbat Marriage of Sirri Polygamy in Progressive Law Perspective, Case Study of Decision Number 5065/Pdt.G/2019/PA.Clp
A case concerning an application for itsbat marriage at the Cilacap Religious Court filed by a husband and his second wife. Their marriage was conducted siri without the knowledge of the first wife. This application was filed to obtain legalisation of their siri marriage so that it could be officially recorded, which has implications for the legality of children born from the marriage and other civil rights. The purpose of this research is to find out the considerations and factors behind a Judge granting a marriage isbat application. then the second objective is to analyse the results of Decision Number 5065/Pdt.G/2019/PA.Clp in terms of progressive law. This type of research is library research using a normative juridical approach using progressive legal theory. The conclusion in Itsbat Marriage Case in Decision Number 5065/Pdt.G/2019/PA.Clp is that the judge considers aspects of humanity, social justice, and benefits for all parties involved. From the aspect of substantive justice, the decision reflects an approach that takes into account the best interests of the child, harmony in the family, and the protection of women's rights. In the context of the judge's background, the granting of this decision may have been influenced by a deep understanding of the social and cultural values of the local community, as well as a broad understanding of religious norms relating to marriage. The judge may also have considered the urgency of protecting children's rights and the need to resolve family conflicts fairly and peacefully. As such, the granting of this decision demonstrates the judge's commitment to achieving substantive justice in accordance with the social, cultural and religious values of the community, while ensuring the protection of the rights of the individuals involved in the case.
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