THE PROCESS OF SETTLING THE GUARDIAN CASE IS ADHAL IN CASE NUMBER 0010 / Pdt.P / 2018 / PA.Pdg(Study at Class IA Religious Court Padang)

International Journal of Scientific Research and Engineering Development-– Volume 2 Issue 6, Nov-Dec 2019
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THE PROCESS OF SETTLING THE GUARDIAN CASE IS ADHAL
IN CASE NUMBER 0010 / Pdt.P / 2018 / PA.Pdg
(Study at Class IA Religious Court Padang)
Yunimar
Faculty of Law Ekasakti University Padang
Email : yunimarchaniago49062@gmail.com
ABSTRACT
Law Number 1 of 1974 concerning Marriage stipulates the validity of a marriage if it is
carried out according to the respective religious and religious law. In Islam, a marriage is valid if
it meets the conditions of marriage. One of the pillars of marriage is the existence of a guardian,
but the guardian of women is reluctant to marry for reasons of not sekufu in this case called
guardian adhal, meaning that guardians object to marrying women who are under their
guardianship.
The problem in this study is first, How is the process of settlement of the case of guardian
adhal in the Class I A Padang Religious Court in case number: 0010/Pdt.P/2018/PA.Pdg. second,
what are the judges' considerations in completing the guardian case in that case.
The method used in this study is a normative juridical approach supported by an empirical
juridical approach. Data were analyzed using qualitative methods, namely grouping data
according to its aspects, then the data is presented in a descriptive manner.
The results of the study are that the judicial process carried out in accordance with the
provisions of the procedural law, because this case is a voluntary case means that there is no
lawsuit or party sued. In this case there are only applicants who submit applications so there is no
need for answers, duplicate replicas and parties, so the trial can be carried out briefly in this case
only twice. and the judge provides the decision to accept the petition of the applicant, ordering
that the marriage take place.
Keywords: case resolution, guardian adhal, marriage, religious court.
A. Background
The family is the smallest part of the public, without their family unity impossible ideal society,
culture, morality, and positive values are based on social and cultural neat. The creation of a family
with a marriage which is a family system that regulates life and social institutions that have been
clearly outlined in Islamic teachings. Islam is real men clearly right that marriage is a system to reach
households sakinah it is also stipulated in article 2 compilation of Islamic law (KHI) that "marriage is
marriage, which is a very strong contract or mitsaqaan ghalidzan to obey the commands of Allah and
carry out it is worship".
According to constitutional jurisdiction in Indonesia, the definition of marriage is regulated in
article 1 paragraph (1) of Law number 1 of 1974 concerning marriages states that: "Marriage is a
physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a
family (home ladder) which is happy and eternal based on the Godhead of the One "
RESEARCH ARTICLE OPEN ACCESS

According to Nasarudin "Marriage in theory and practice is a social contract that contains an
agreement that they will live as husband and wife and the agreement is recognized by law or custom in
a community", (Latif , 2001: 13-14) .
Marriage must be carried out by someone if you already have the will, supportive health, ability.
And it is feared that it will fall into forbidden acts such as adultery, if the marriage is not carried out,
(Darajat,1995:46). Moreover, marriage is a form of responsibility that must be shared jointly for a
husband and wife.
Biologically marriage is a very basic need for normal human beings, support of living together
(zon politicon) with other societies is also one of the factors causing marriage demands for every
human being
In this paper the study is , that one of the conditions for marriage for a woman is to have a guardian
who will marry her to a man of her future husband. "An illegitimate marriage is carried out without a
guardian for a woman, because she cannot marry herself to her future husband", (Darajat, 1995:22).
The Islamic clearly outlined that one of the pillars of marriage it is the guardian of marriage and is
in line with article 2, paragraph (1) of Law no 1 of 1974, which reads: "Marriage is legal if it is done
according to the law of each his religion and belief ".
A guardian is a person who has the right and authority to carry out legal actions for people who are
in his guardianship, (Daly, 1986: 134). Marriage guardian is a man who in a marriage contract has the
authority to grant the wedding of the bride, (Hamid,1996:26). In addition, the guardian in marriage is
an obligation that must be fulfilled by the bride who acts to marry off her child or give her marriage
permission.
َ‫ل‬ َ َ ُ ْ َ ُ‫ﷲ‬ ِ َ‫ر‬ ْ ِ ‫أ‬ ْ َ َ ْ ُ ْ َ َ‫ة‬َ‫د‬ْ ُ ِ َ‫ا‬ ْ َ:ِ ‫ﱠ‬ َ َ‫و‬ ِ ْ َ َ ُ‫ﷲ‬ َ"َ# ِ‫ﷲ‬ ُ‫ل‬ْ ُ َ‫ر‬ َ‫ل‬ َ‫ﱟ‬ ِ%َ ِ ‫ﱠ‬&ِ‫إ‬ َ‫ح‬ َ)ِ* َ&
Burdah bin Abi Musa from Father ra. He said, Rasullah Saw. said there was no (illegitimate) marriage
except with a guardian. (Narrated by Ahmad and Arba'ah).
But the rightful guardian and even then must meet the criteria that have been set in Islam in
accordance with what was agreed upon by the previous scholars namely: must be from the descendants
(nasab) first and then another. For guardians of the descendants or not, even then must meet the
requirements, namely: Muslim, independent, sensible, and mature. If all these requirements have been
fulfilled, the trust rights will not be transferred to others as long as they do not conflict with Islam, in
another hadits the Prophet Muhammad said, (Asshan'ani, 1995:425).
َ+َ,ِ- َ ْ ََ)ِ َ. َ ِ%‫ا‬َ َ ِ‫ن‬ْ‫ذ‬ِ‫إ‬ ِ ْ َ1ِ ْ2َ3َ)َ* ٍ‫ة‬َ‫أ‬َ ْ ‫ا‬ َ ‫ﱡ‬6َ‫أ‬ َ ‫ﱠ‬ َ َ‫و‬ ِ ْ َ َ ُ ‫ﱠ‬‫ﷲ‬ ‫ﱠ‬ َ# ِ ‫ﱠ‬‫ﷲ‬ ُ‫ل‬ ُ َ‫ر‬ َ‫ل‬ َ ْ2َ% ََ ِ َ"َ7َ‫د‬ ْ‫ن‬ِ8َ. ٍ‫ت‬‫ﱠا‬ َ َ‫ث‬ َ;َ< ٌ"ِ‫ط‬ َ َ ُ?
ِ%َ‫و‬ ُ‫ن‬ َ@ْ ‫ﱡ‬A% َ. ‫وا‬ُ َB َ,َC ْ‫ن‬ِ8َ. َ ْ ِ َ‫ب‬ َ#َ‫أ‬ َ ِ َ َ% ُ ْ َ ْ% َ.ُ َ% ‫ﱠ‬ ِ%َ‫و‬ َ& ْ َ ‫ﱡ‬)+E ‫ار‬ ‫رواه‬(
From 'Aisyah RA, he said: Rasulullah SAW, said any woman who marries without her guardian's
permission, then the marriage is canceled, if the husband has mixed it then she (the woman) has the right
to get a dowry because she already considers it lawful and then they (her friend) the guardians) quarreled,
so the sultan became the guardian, for people who did not have a guardian for him. (Narrated by al-
Aba'ah).
In the present condition , the problem in this study is that many things are made by a guardian as a
reason for his reluctance to be a guardian in this marriage, which is sometimes ridden by personal
grudges against the bridegroom, and others and all of these reasons make the plan of a marriage to be
faltered and not run smoothly. The focus of the problem is; " How is the process of settling the

guardian case is and what is the consideration of the judge in resolving the case of guardian is in the
case Number: 0010 / Pdt.P / 2018 / PA.Pdg? .
B. Research methods
The approach used in this study is the normative juridical approach as the main approach, which is
supported by an empirical juridical approach. The normative juridical approach is an approach to
complete the laws and regulations relating to the settlement of legal guardian matters in case Number
0010 / Pdt.P / 2018 / PA.Pdg. While the specifications of this study are descriptive, which describes the
process of settlement of guardians.
While the types and sources of data in this study are:
a. Primary data, namely data obtained from the direct research process at the research site, namely in
the First Class A Religious Court of Padang
b. Secondary data, i.e. data obtained from the literature event as the main data consisting of three legal
materials namely; 1) primary legal material, 2) primary legal material and 3) tertiary legal material.
Data collection and analysis techniques in this study are, primary data obtained through field
studies by conducting interviews with informants or with related parties such as Judges and Registrars
in the Religion Court of the Class IA IA Padang. Whereas secondary data is obtained by conducting
library research or document study. Primary data and secondary data that have been collected are then
analyzed using qualitative methods, which are grouping data according to its aspects without using
numbers, then presented descriptively.
C. Research Results
1. Principal Case
a. Whereas the applicant's parents have been introduced to the applicant's prospective husband and
asked for blessing to carry out the marriage , but the applicant's parents did not approve it on the
grounds that the applicant was a civil servant while the applicant's husband's candidate was only
a farmer plus the applicant's husband's candidate only graduated from SL T A only;
b. Whereas previously the applicant had often managed to take a leave permit at the applicant's
official place, but suddenly the applicant's father changed his mind so that the applicant was very
disappointed with the attitude of the applicant's father;
c. The Petitioner is of the opinion that the rejection of the applicant's parents is not based on law
and / or is not oriented to the happiness and or welfare of the applicant . Therefore i tu applicant
still determined to get married with the husband candidates applicant .
d. That in this case the applicant overlooks the Religious Affairs Office Nanggalo District of the
city of Padang, in order to carry out the marriage, but the parties are not willing to religious
affairs office, so the denial of marriage certificate issued No. 449/0 3:09:11 / pw.01 / 12/17 dated
20 December 2017;
e. Whereas the applicant and the applicant's prospective husband felt that they had no other way but
to submit the guardian's application to the Padang Religious Court;
f. That the applicant is able to pay the court fee in accordance with applicable regulations.
2. Proof of Letter

a. Photocopy Family Card Number: 1371100611070064 dated June 22, 2012 issued by the Padang
City Population and Civil Registry Office with sufficient stamp duty, matched to the original
turned out to be properly coded (P.1)
b. Marriage Refusal Letter from the Office of Religious Affairs in Nanggalo District, Padang City
number: 449/kua.03.09/II/PW.1/12/17 dated December 20, 2017, coded (.2)
c. Photocopy of Birth Certificate on behalf of Leni Marlina Number: 271/85/1920/D-05 dated
February 21, 2005 issued by the Padang City Population Office with sufficient stamp duty,
matched to the original turned out to be properly coded (P.3).
3. Witness evidence
a. Witness First
Age 53 years old, Islam, self-employed, residing in Cengkeh Pinjauan Kenagarian Pilubang,
Sungai Limau District, Padang Pariaman Regency, West Sumatra Province, under his oath
explaining in essence as follows:
1) That the witness knew the applicant and also knew the Petitioner's father because the witness'
husband was from the applicant's aunt.
2) That the witness knew the prospective applicant's husband named Mesriadi.
3) Whereas the applicant with her future husband in terms of education and material is indeed not
sekufu, because the applicant works as a Civil Servant while the prospective husband is an
entrepreneur.
b. Second Witness
Age 50 years, Islam, the work of a housewife, residing in Cengkeh Pinjauan Kenagarian
Pilubang, Sungai Limau District Padang Pariaman Regency, West Sumatra Province, under her
oath has explained in principle as follows:
That the witness knew the applicant because the petitioner's child was the witness' sibling.
1) Whereas as far as the witness is concerned, the applicant's father does not approve the
marriage of the applicant with his future husband because he works only in private while the
petition is a Civil Servant (not sekufu).
2) That far as the witness between applicant and her husband no customary prohibition or descent
and even religiously there are no essays, because prospective husbands applicant fine person,
prayers and not gamblers and drug users
3) Whereas the applicant and her future husband, the petitioner, have often come to the
requesting father for marriage, but do not get the blessing of the requesting father.
4. Legal Considerations
Considering whereas based on the provisions of Article 49 paragraph (1) of law number 7 of
1989 which has been amended by law number 3 of 2006 and law number 50 of 2009 this case
includes the authority of the Religious Court and has been submitted in accordance with statutory
provisions the invitation also applies besides the applicant domiciled in the relative jurisdiction of
the Padang Religious Court, therefore the Padang Religious Court has the authority to hear this case.
Considering whereas the principal application for the petition was the petitioner filed the
petition by demanding that the court appoint the petitioner's father as guardian and appoint the
Office of Religious Affairs to act as the guardian of the judge in the marriage of the applicant to her
future husband named Mesriadi bin Muskamaludin.

Considering whereas the Panel of Judges had heard the statement of the prospective husband of
the applicant named Mesriadi bin Muskamaludin who explained that in principle the person
concerned had been in a love relationship with the applicant for about 1 year, the applicant's
husband's candidate was an entrepreneur (selling spices) with a fixed income of an average of a
month a month on average Rp. 1000,000 (one million rupiah) and able to finance the life of the
household with the applicant, therefore the prospective applicant's husband is determined to continue
the relationship with the applicant until the marriage level and promises to protect and be responsible
for the applicant and if this marriage is not carried out immediately, the prospective husband of the
applicant is worried things happen that deviate from the provisions of the Islamic religion.
Considering whereas from evidence (P.1), it was found that the applicant's father was the head
of the family of a family consisting of his wife and several children, among them the applicant
named Leni Marlina who is now 33 years old (adult).
Considering whereas evidence (P.2) found the fact that the applicant and her future husband
had followed the correct procedure, then where both of them came to the Office of Religious Affairs
in Nanggalo District, Padang City to be married, it turned out that the wish of the applicant and her
future husband to get married was rejected.
Considering whereas with regard to the evidence in the form of two witnesses presented by the
petitioner at the hearing, the Panel of Judges was of the opinion that the two witnesses in the petition
had fulfilled the formal requirements because each had been present, in this case personally (in
person ), before the trial and has given information under his oath and is not legally prevented from
hearing his testimony .
Considering whereas the two petitioners' witnesses have also provided information, which
statements are mutually relevant and mutually reinforcing and are relevant to the arguments of the
Plaintiff's claim, therefore the two witnesses presented by the petitioner can be accepted both
formally and materially in accordance with the provisions of article 171- 176 R.Bg juncto. Article
308-309 R.Bg.
Considering whereas the two witnesses of the petitioner in principle explained that the
applicant with her future husband (Mesriadi bin Muskamaludin) had been in contact for quite a long
time and both of them had agreed to proceed with the marriage, the prospective husband of the
applicant was a good Muslim and had worked with sufficient income
Considering whereas after reading the applicant's request letter and after hearing the statement
of the applicant's prospective husband and from the evidence in the trial the panel of judges found
the following facts:
a) Whereas the applicant with her future husband has been in a love affair for about 1 (one) year that
at the moment the applicant is 33 years old.
b) That the applicant and her future husband have agreed to continue the love relationship at the
marriage level.
c) That the applicant has come to meet the applicant's biological father to express his wishes, but the
applicant's father has objected to marrying the applicant to her future husband.
d) That the prospective husband is including a person who is devout in practicing Islamic syari’ah,
doing prayers and fasting and not getting drunk and gambling
e) That between the applicant and her future husband there is no obstacle to having a marriage.

Considering whereas in order to marry the applicant and her future husband have fulfilled the
requirements as regulated in article 6 paragraph (1). Law number 1 of 1974, the applicant and his
candidate have agreed and agreed to get married.
Considering whereas during the hearing of the case the Panel of Judges did not find anything
that constituted an obstacle for the applicant to marry a man named Mesriadi bin Muskamaludin
according to Islamic syari’ah provisions as well as applicable laws and regulations.
Considering that, apart from what has been considered above, the Panel of Justice believes that
the applicant has fulfilled the requirements for a marriage, because if he does not marry the
applicant immediately and the candidate is concerned about irregularities and depletion.
G% H %‫ا‬ I B ‫م‬KL K M %‫دارا‬
preventing negative things takes precedence over pursuing positive things
Considering whereas based on the aforementioned considerations, the Panel is of the opinion
that there is insufficient reason for the applicant's father to refuse marrying the applicant to his future
husband (Mesriadi bin Muskamaludin) and the attitude of the applicant's father as a guardian mujbir
who does not want to marry the applicant with her prospective husband is concluded as the legal
guardian.
Considering whereas because the applicant's father was married to the applicant with Mesiriadi
bin Muskamaludin, according to the regulation of the Minister of Religion Article 1 number 2 of
1987 juncto Regulation of the Minister of Religion article 2 number 30 of 2005, his legal rights were
transferred to the guardian of the judge. from Aisha who reads:
% %‫&و‬ %‫و‬ ‫ن‬ ‫ط‬ A% . ‫وا‬ NOP‫ا‬ ‫ن‬ .
Meaning:
if the guardian is reluctant, then the sultan (guardian of the judge) is the guardian for women
who do not have a guardian.
Considering whereas based on the aforementioned considerations, the Panel of Judges
concluded that the petition of the applicant had legal grounds and therefore should have been
granted.
Considering whereas since this case is included in the field of marriage, according to the
provisions of Article 89 paragraph (1) of Law number 7 of 1989 juncto article 90 of Law number 3
of 2006 concerning amendments to Law number 7 of 1989 and article 91 A paragraph (3) of law
number 50 of 2009 concerning the second amendment to law number 7 of 1989 and this case is a
voluntair case, the costs incurred in this case are borne by the applicant in the amount as stated in
this stipulation regulation;
Paying attention to all applicable laws and syaria’ahlaws relating to this case. Based on the
aforementioned matters, the Panel of Judges examined and tried this case, then handed down the
stipulation whose ruling reads as follows:
5. Judge's Decision
a) Granting the applicant's request.
b) Declaring the applicant's father (Ramli bin Udin) guardian adhal (reluctant).
c) Appoints the Guardian Judge of the Office of Religious Affairs to act as the guardian of the judge
in the marriage between the applicant (Leni Marlina bint Ramli) and the applicant's Prospective
Husband (Mesriadi bin Muskamaludin).
d) Imposing upon the applicant to pay a case fee of Rp. 316,000.

D. Discussion
1. The Process of Settling Wali Case Adhal in the Religious Court IA K Padang Padang Case No.
001Pt.P / 2018 / PA.Pdg
The first trial was held on January 22, 2018, at this first hearing the Judge proceeded with the
legal guardian's case in accordance with the procedural law of the Religious Court, namely
summoning the petitioner at the first hearing and calling the applicant's father for questioning but the
applicant's father was not present so the hearing was adjourned to summon return the applicant's
father .
A follow-up hearing was held on January 29, 2018, the applicant came to face the courtroom
and read the petition then the panel of judges conducted a question and answer session with the
applicant .
In the second trial, the applicant's father was also not present at the hearing or had someone else
as his legal representative, even though the applicant's father had been formally summoned and
properly, the applicant's father's response could not be heard at the hearing.
The panel of judges also carried out further processes in examining cases. Question and answer
with the prospective husband of the applicant Mesriadi bin Muskamaludin who explained that he
had known the applicant for 1 year and had also met the applicant's parents and expressed his desire
to marry the applicant .
Then examining the evidence, the applicant submits evidence that is a photocopy of the family
card, the rejection of the marriage issued by the Nangalo District Religious Affairs Office of Padang
City and the birth certificate of Leni Marlina issued by the civil registry office. Furthermore, the
petitioners also presented two witnesses who were questioned.
On the question of the Chairperson of the Assembly, the petitioner stated that he would not
submit any more evidence and gave the conclusion that the petitioner believed that his application
had been proven and therefore was granted.
Furthermore, the chairman of the panel stated that the examination of the case was deemed
sufficient then the Panel of Judges held a deliberation in a closed session. After completing the
deliberation the session continued and was declared open to the public, the Petitioner was recalled to
enter the courtroom, then the Chairperson of the Assembly read the decision or decision, that the
judicial process carried out was in accordance with the provisions of the procedural law, because
this case was a voluntair case meaning there was no lawsuit or the party sued. In this case there are
only applicants who submit applications so there is no need for answers, duplicate replicas and
parties, so the trial can be carried out briefly in this case only twice. and the judge provides the
decision to accept the petition of the applicant, ordering that the marriage take place.
2. Judges' Considerations in Settling Wali Adhal Cases .
Article 6 paragraph (1) of Law number 1 of 1974 concerning "Marriage must be based on the
agreement of the two brides" in this case the panel of judges has requested information from the
prospective husband of the applicant who stated that he had a strong determination to marry the
applicant.
Article 7 paragraph (1) of law number 1 of 1974 "Marriage is only permitted if the male has
reached the age of 19 (nineteen) years and the female has reached the age of 16 (sixteen) years"
juncto article 15 Compilation of Islamic Law, ( 1) For the benefit of the family and household, the

bride and groom must only do the bride and groom who have reached the age specified in article 7
of Law number 1 of 1974, namely the prospective husband is at least 19 years old and the
prospective wife is at least 16 years old. (2) For prospective brides who have not reached the age of
21 years must obtain permission as stipulated in article 6 paragraph (2), (3), (4) and (5) law number
1 of 1974. "
Based on the facts of the trial in terms of the age of the applicant and her future husband there
is no obstacle according to the law because the applicant is 33 years old and her future husband is 31
years old.
Based on the examination of court proceedings according to the panel of judges, it did not find
anything that could hinder the marriage between the applicant and his future husband both according
to the provisions of syari’ah (Islamic religion) and according to the applicable laws and regulations.
According to the Panel of Judges the reason for the objection of the applicant's father to marry
the applicant to his future husband was merely to maintain his ego. Differences in age, social status
and poor husband's work and educational background are not obstacles to marriage because the
applicant's husband is a good and obedient Muslim, does not gamble and is not a drunkard.
The judge's consideration was based on witness testimony that the objection of the applicant's
father was because the applicant's husband's candidate was not equal (sekufu) with the applicant in
terms of economy, work and educational background. While the sekufu (equivalent) panel of judges
prioritizes the sekufu in terms of carrying out Islamic law. As the results of the author's interview
with one of the judges, Drs. H Januar stated "If between the applicant and her future husband are
Muslim, so that although the applicant and her future husband are not equal in terms of their
education, occupation and economy, the judge considers that between the applicant and her future
husband are sekufu".
From the results of the trial it was evident that the applicant was a devout Muslim, did not
gamble and was not a drunkard, so this made his consort with the petitioner . The panel of judges
believes that equality in work, education and social status is not the main reason in kafaah.
Based on the results of the trial , in this case the guardian was properly declared adhal because
the applicant and her future husband had asked the applicant's father to be married and had been
proven by a letter of rejection of marriage from the KUA because the applicant's father was not
willing to marry. Next the results of the interview with the judge Drs H. Januar stated " The judge
may consider the father reluctant because basically the petitioner's father was unwilling from the
beginning to marry the applicant to his future husband even after being properly summoned and
properly presented to the court to be asked for his pride, but the applicant's father was not present.
The feeling of mutual love and mutual love has been expressed by the applicant and her future
husband before the trial.
Furthermore, the judge's consideration is that the applicant and her future husband have
fulfilled the requirements for a marriage, both of them have a strong determination to get married,
because if the marriage is not immediately married the applicant and the candidate are concerned
about irregularities and disputes, while rejecting the evil is preferred by taking advantage of the
principles of fiqhiyah.
G% H %‫ا‬ I B ‫م‬KL KAM %‫ا‬ ‫درو‬
Preventing negative things takes precedence over pursuing positive things. (Machfudz,
Mustafa, 1997: 7).

With the receipt of the petition , the applicant and her future husband will avoid negative
things such as adultery, the applicant and her future husband can get married, they have a clear
status so as to avoid slander by the community because they have had a year of affection and have a
strong determination to get married .
Based on the above considerations, the panel of judges argued that there was insufficient
reason for the applicant's father to refuse marrying the applicant to her future husband Mesriadi bin
Muskamaludin and the attitude of the petitioner father as mujbir guardian who did not want to marry
the applicant with her future husband was concluded as a trustee. So in accordance with the
regulation of the Minister of Religion No. 2 of 1987, his legal rights were transferred to the judge's
guardian. This is also in line with the hadits of the Prophet from Ayesha "If the guardian is reluctant,
then the sultan (judge's guardian) is the guardian for women who do not have guardians.
Because the applicant lives in the area of North Padang Sub- District, the Head of the North
Padang Religious Affairs Office of Padang City has the right to be the guardian to marry the
applicant to Mesriadi bin Muskamaludin.
The legal consequence of granting a guardian's request is that the applicant is determined by
the judge's guardian who will marry the applicant to his future husband, then the applicant will not
be married by his father.
E. Conclusion
1. The process of settling the guardian case is number 0010/Pdt.P/2018/PA.Pdg in the Class 1A
Padang Religious Court to call the applicant to appear before the court, examine the evidence,
present the legal basis for the case and give a decision.
2. Judge's consideration to settle the guardian case is in case number: 0010/Pdt.P/2018/PA.Pdg is (1),
article 6 paragraph (1) of law number 1 of 1974 where the applicant and her future husband agree to
have a marriage . (2) article 7 paragraph 1 of law number 1 of 1974 juncto article 15 of the
Compilation of Islamic Law which explains that the applicant and the respondent are old enough to
get married. (3) the applicant and prospective husband are equal (sekufu) in matters of religion and
practicing religion in an obedient manner so that the applicant's father does not have sufficient
reason to reject the marriage of the applicant to his prospective husband. (4), the method of Usul
Fiqh: "preventing negative things takes precedence over pursuing positive things". (5) Regulation of
the Minister of Religion article 1 number 2 of 1987 concerning guardians Adhal juncto Regulation
of the Minister of Religion article 2 number 30 of 2005.Case Resolution Process guardian adhal No.
0010 / Pdt.P / 2018 / PA.Pdg in P trials were Religion Class 1A Padang is calling Applicant facing
trial, examined the evidence, put forward the basic considerations appropriate legal proceedings and
members i verdict.
3. The results of the study are that the judicial process carried out in accordance with the provisions of
the procedural law, because this case is a voluntary case means that there is no lawsuit or party sued.
In this case there are only applicants who submit applications so there is no need for answers,
duplicate replicas and parties, so the trial can be carried out briefly in this case only twice. and the
judge provides the decision to accept the petition of the applicant, ordering that the marriage take
place.
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