Peranan Kantor Urusan Agama (KUA) dalam upaya menghindari terjadinya pembatalan perkawinan: Studi di KUA Kecamatan Pasirian Kabupaten Lumajang

ABSTRACT

Cases on abrogation of marriage often occur in several religious courts in several areas. There are many causes of abrogation of marriage, such as because there is cognation known between husband and wife, the husband already have a wife and not yet divorce in front of religious court, and wali who married of the bride is not a legal wali from the bride, and etc.

Religious Affairs Office (KUA) has role that related to duty and function of KUA in marriage, particularly in this study. The regulation arranges the duty and function of KUA, one of them is that the registrar staff must examine groom and bride to be and wali with another marriage requirement. That examination is way to avoid abrogation of marriage because before marriage’s contract is done the requirements must be examined, so that marriage can be done.

The statements of the problem of this study are how role of KUA in avoiding abrogation of marriage, and what obstacle faced by KUA in its effort to avoid that abrogation of marriage.

This study is field or empiric research focused on research on problem identification. So that, researcher will identify the causes of refusal or abrogation of marriage. While, the approach used is descriptive qualitative approach because this study is done in natural background or on entity context. So, the researcher observed the object of this study directly through interview, observation and documentation.

The result of this study shows that KUA not only does its duty and function in accordance with the regulation but also has its own strategy in examination, they are, making letter of statement about change of wali and mahram, identifying sex through voice, explaining to audiences in marriage nuptial about the requirements of marriage, and etc.

But, in doing its work, KUA face some obstacles, one of them is if there is lies at the examination. That lies are quite difficult known because examination is done only by asking the doer. The difficulty to identify the lies proven in the case of abrogation of marriage which have been conducted by KUA. At the time of examination, party involved in the marriage does not give truth statement, and KUA does not know about that. KUA just know about that after admission from that party before marriage’s contract is done.