Noor, Syamhudian (2017) Perluasan Kewenangan Peradilan Agama Dalam Hal Penanganan Perkara Kekerasan Dalam Rumah Tangga Ringan Yang Dilakukan Antar Suami Istri. Doctor thesis, Universitas Brawijaya.
Abstract
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English Abstract
This dissertation research entitled “Extension of Authority of Religious Courts in terms of Handling A Minor Case of Domestic Violence between Spouses’ presents the following research questions: 1. What is the principle (ratio legis) behind the Law Number 3 Year 2006 Article 49 on the amendment to Law Number 7 Year 1989 on Religious Courts? 2. Is the authority of Religious Courts extendable in terms of handling a minor case of domestic violence between spouses? This is a normative research which employed interpretative-descriptive method with historical, philosophical, statute, and religious text approaches. The data used in this research comprised primary and secondary materials obtained by conducting library research. Based on the result of the research, it was obtained that: First, the ratio legis of Law Number 3 Year 2006 Article 49 on the amendment to Law Number 7 Year 1989 on Religious Courts is closely related to development condition of law and public necessity for law in recent days. Two changes were made in Law of Religious Courts Number 49 Year 1989: 1) the omission of ‘done according to Islamic law” in Paragraph (2) point b. this change was made to strengthen the position of Islamic law and the authority of Religious Courts; 2) the addition of sharia economy in Law of Religious Courts Year 2006 Article 49 to support the public necessity for law in Indonesia to be in line with the growing numbers of sharia-based banks. Secondly, the authority of Religious Courts could be extended in terms of handling a minor case of domestic violence due to some considerations: 1) Religious Courts are able to actualize the principle “the courts are to be held in a simple, efficient, and affordable way” in handling domestic violence by examining divorce petition due to minor domestic violence as the domestic violence is settled. 2) From the perspective of maslahah, the extended authority of Religious Courts concerning minor domestic violence between spouses will still benefit the family in dispute, especially the spouses’ children.
| Item Type: | Thesis (Doctor) |
|---|---|
| Identification Number: | DIS/345.025 55/NOO/p/2017/061712429 |
| Uncontrolled Keywords: | FAMILY VIOLENCE - LAEW AND LEGISLATION, FAMILY VIOLENCE - RELI GIONS ASPECTS, HUSBAND AND WIFE, IALAMIC COURRTS |
| Subjects: | 300 Social sciences > 345 Criminal law > 345.02 Criminal offenses > 345.025 55 Specific crimes and classes of crime (Assault and battery) |
| Divisions: | S2/S3 > Doktor Ilmu Hukum, Fakultas Hukum |
| Depositing User: | Nur Cholis |
| Date Deposited: | 20 Apr 2018 02:21 |
| Last Modified: | 25 Nov 2021 07:15 |
| URI: | http://repository.ub.ac.id/id/eprint/9654 |
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DAFTAR ISI.pdf Download (314kB) | Preview |
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DAFTAR PUSTAKA.pdf Download (514kB) | Preview |
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BAB I.pdf Download (493kB) | Preview |
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