Upaya hukum Wali Adhal atas penetapan wali hakim oleh Pengadilan Agama

ABSTRACT

wali has an important role in a marriage, because without the existing of wali, it is not legal, especially for the bride. Therefore, a bride needs a wali when she gets married. Besides, a marriage is not the right and the importantance of the bride herself, so that she cannot act as she wants to. Marriage is a tie together not only to unite a man and a woman but also to unite between two families, and to tighten the relationship between two families.

In fact, it happens in the society that a woman has a very contradictive willingness againts her parent or wali, including a matter of choosing a husband. Some of them agree and some of them do not allow their daughter marrying a man of her choice. The disagreement of the parents had had their own choice or other principal reasons. When a wali refuses to marry his daughter (the bride) off, consequently, the bride proposes to request wali adhal in religious court to ask for wali to be declared as adhal and wali hakim apponted as the wali in her marriage. Some problems appear when wali feels unsatisfied and still rejects the appointment, as well as prohibit the marriage.

This research is aiming at analyzing juridically about the appointment on a matter of wali adhal (the appointment of wali hakim), which already appointed by the religious court. This analysis will examined further concerning the legal remedy that can be done for wali adhal toward the appointment of the wali adhal proposing.

The method used in this research is qualitative approach with descriptive research. This research uses normative law research, in which in this case is law synchronization. The data used is secondary data in the form of written source as the main source, and primary data in the form of the result of interview as supporting data. The data collection in the form of is documentation and interview. Data analysis used is descriptive qualitative.

The result of this research show that the matter of wali adhal is pure jurisdiction voluntair, which proposed, investigated and decided voluntarily. It is therefore only the supplicant who becomes the litigate party, while wali is not considered as a party. According to the existing rules, legal remedy toward the appointment is appeal to the supreme court, but this is only for the supplicant and not for wali because he is not a party. While legal remedy for wali is opposition or accusation toward religious court’s appointment which proposed after the appoinment established by the court, or quasi derden verzet proposed during the investigation process.