The Transfer Process from the Nasab Guardian to the Judge Guardian in the Case of Adhal Guardian through the Decision of 1B Class Religious Court of Batusangkar

Abstract

Background related to case No. 0081/Pdt.P/2014/PA.Bsk was triggered by a problem where the assembly had tried to advise the applicant to approach and persuade the guardian of the applicant (the applicant’s father) to marry the applicant to the applicant’s future husband; however, it did not work. Meanwhile, the applicant stated that she still wanted to marry the applicant’s future husband. In addition, the assembly also advised the applicant’s father so that he would be willing to become the guardian of his daughter but the attempt was also unsuccessful. The reading of the applicant’s request stated that the applicant retained its the request contents. This study applies an empirical juridical approach which obtains data by referring to the juridical and empirical aspects as a tool. Based on the results of the study, the nasab guardian from the bride candidate did not want to marry his daughter to her future husband because of communication problems that were not built effectively. Thus, the nasab guardian assumed to refuse to marry his daughter to him because he did not participate in educating, caring for and raising this daughter. In determining the adhal guardian in case No. 0081/Pdt.P/2014/PA.Bsk, the consideration of the judge of the 1B Class Religious Court of Batusangkar was that the applicant’s guardian was present at the trial but he objected (reluctant) to become the applicant’s marriage guardian. In this case, the objection from the applicant’s guardian was groundless. Therefore, the assembly stipulated that the applicant’s guardian is adhal (reluctant). The marriage process carried out in Religious Court in the case of adhal guardian includes: 1) Delivery of files related to marriage data, 2) Marriage Registration Officer summons interested parties such as bride and groom, 3) Marriage Registration Officer records the marriage process, and 4) Implementation marriage contract.