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Oct 13, 2025 by magicalceylontours.com 103 views

The Position of the Guardian of Judges According to Law Number 1 of 1974 and Its Application in Medan City

Introduction

The position of the guardian of judges in marriage is a crucial aspect of Islamic law, which is accommodated in the Compilation of Islamic Law (KHI). However, the regulation of marriage law in Indonesia, as stipulated in Law Number 1 of 1974, does not provide clear provisions regarding the role of guardians in marriage. This article aims to discuss the position of the guardian of judges according to Law Number 1 of 1974 and its application in Medan City.

The Importance of the Role of Guardians in Marriage

In KHI, the existence of marriage guardians - both the nasab guardian and the guardian of the judge - is very necessary in all types of marriages, both involving girls and widows, and both in the context of adults and immature. Guardians have an important role as implementing the qabul consent in marriage. Thus, the position of the judge's guardian in the marriage law tends to follow the principles of Islamic law adopted by the Shafi'i school of school.

The role of guardians in marriage is crucial in ensuring that the marriage process goes according to applicable regulations. In the context of Indonesian law, the guardian of the judge was held by the Head of the KUA (Office of Religious Affairs) of the sub-district, who also functioned as a marriage recording employee (P2N). P2N is responsible not only to record marriage but also to ensure that the entire marriage process goes according to applicable regulations.

Research Methodology

This research is descriptive analytical that utilizes secondary and primary data. Secondary data are obtained through literature studies, while primary data are collected through questionnaires and interviews with respondents. The results showed that although the position of marriage guardians and judges' guardians was not strictly regulated in Law Number 1 of 1974, in practice the marriage guardian had become one of the legal requirements for marriage and implementing the marriage consent.

The Guardian of Judges in Marriage Practice

The marriage guardian can function as the guardian of the judge, who acts as a substitute for the guardian of the nasab when the legitimate guardian cannot attend, in accordance with Islamic law and the applicable laws and regulations. In the context of Indonesian law, the guardian of the judge was held by the Head of the KUA (Office of Religious Affairs) of the sub-district, who also functioned as a marriage recording employee (P2N). P2N is responsible not only to record marriage but also to ensure that the entire marriage process goes according to applicable regulations.

The Application of Law Number 1 of 1974 in Medan City

In Medan City, the application of Law Number 1 of 1974 concerning Marriage shows the complexity faced in the regulation of marriage law in Indonesia, especially those relating to Islamic law. Although not regulated explicitly, the role of guardians - both nasab or judges - is essential in the legitimacy and implementation of marriage. In-depth understanding of guardianship in marriage is important to ensure that the practice goes according to the legal and social values that apply in the community.

Conclusion

The position of the judge's guardian in Law Number 1 of 1974 concerning Marriage shows the complexity faced in the regulation of marriage law in Indonesia, especially those relating to Islamic law. Although not regulated explicitly, the role of guardians - both nasab or judges - is essential in the legitimacy and implementation of marriage. In-depth understanding of guardianship in marriage is important to ensure that the practice goes according to the legal and social values that apply in the community. Through this research, it is expected to be able to provide further insight and understanding of the position of the guardian of judges in the context of marriage law in Indonesia.

Recommendations

Based on the findings of this research, the following recommendations are made:

Clear Regulation: The government should provide clear regulations regarding the role of guardians in marriage, including the position of the judge's guardian.
Training and Education: The government should provide training and education for marriage guardians, including the judge's guardian, to ensure that they understand their role and responsibilities.
Community Awareness: The government should raise awareness among the community about the importance of guardianship in marriage and the role of the judge's guardian.
Research and Development: The government should continue to conduct research and development in the field of marriage law, including the role of guardians, to ensure that the practice goes according to the legal and social values that apply in the community.

Limitations of the Study

This study has several limitations, including:

Scope: The study only focuses on the position of the judge's guardian in Law Number 1 of 1974 concerning Marriage and its application in Medan City.
Data: The study relies on secondary and primary data, which may not be comprehensive or up-to-date.
Methodology: The study uses a descriptive analytical approach, which may not provide a comprehensive understanding of the topic.

Future Research Directions

Future research should focus on the following areas:

Clear Regulation: The government should provide clear regulations regarding the role of guardians in marriage, including the position of the judge's guardian.
Training and Education: The government should provide training and education for marriage guardians, including the judge's guardian, to ensure that they understand their role and responsibilities.
Community Awareness: The government should raise awareness among the community about the importance of guardianship in marriage and the role of the judge's guardian.
Research and Development: The government should continue to conduct research and development in the field of marriage law, including the role of guardians, to ensure that the practice goes according to the legal and social values that apply in the community.
Frequently Asked Questions (FAQs) About the Position of the Guardian of Judges According to Law Number 1 of 1974

Q: What is the role of the guardian of judges in marriage?

A: The guardian of judges plays a crucial role in ensuring that the marriage process goes according to applicable regulations. They act as a substitute for the guardian of the nasab when the legitimate guardian cannot attend, in accordance with Islamic law and the applicable laws and regulations.

Q: Who is eligible to be a guardian of judges?

A: In the context of Indonesian law, the guardian of the judge is held by the Head of the KUA (Office of Religious Affairs) of the sub-district, who also functions as a marriage recording employee (P2N). P2N is responsible not only to record marriage but also to ensure that the entire marriage process goes according to applicable regulations.

Q: What are the responsibilities of the guardian of judges?

A: The guardian of judges has several responsibilities, including:

Recording Marriage: The guardian of judges is responsible for recording marriage, ensuring that all necessary documents are completed and submitted.
Ensuring Compliance: The guardian of judges ensures that the entire marriage process goes according to applicable regulations, including Islamic law.
Providing Guidance: The guardian of judges provides guidance to the couple on the marriage process, including the requirements and procedures.

Q: Can a woman be a guardian of judges?

A: In Islamic law, a woman can be a guardian of judges, but only in certain circumstances. For example, if the legitimate guardian is absent or unable to attend, a woman may be appointed as the guardian of judges.

Q: What are the benefits of having a guardian of judges?

A: Having a guardian of judges has several benefits, including:

Ensuring Compliance: The guardian of judges ensures that the entire marriage process goes according to applicable regulations, including Islamic law.
Providing Guidance: The guardian of judges provides guidance to the couple on the marriage process, including the requirements and procedures.
Reducing Conflicts: The guardian of judges can help reduce conflicts between the couple and other parties involved in the marriage process.

Q: What are the challenges faced by guardians of judges?

A: Guardians of judges face several challenges, including:

Lack of Knowledge: Guardians of judges may not have sufficient knowledge of Islamic law and applicable regulations.
Limited Resources: Guardians of judges may not have access to sufficient resources, including personnel and equipment.
Conflicting Interests: Guardians of judges may face conflicting interests from other parties involved in the marriage process.

Q: How can guardians of judges improve their performance?

A: Guardians of judges can improve their performance by:

Seeking Training and Education: Guardians of judges should seek training and education on Islamic law and applicable regulations.
Improving Communication: Guardians of judges should improve communication with the couple and other parties involved in the marriage process.
Increasing Resources: Guardians of judges should increase their resources, including personnel and equipment.

Q: What is the future of guardians of judges in Indonesia?

A: The future of guardians of judges in Indonesia is uncertain, but it is likely that the role of guardians of judges will continue to evolve. The government may introduce new regulations and guidelines to improve the performance of guardians of judges, and the role of guardians of judges may become more prominent in the marriage process.