A. Jamil, Cut Aja Sela Nirmala, Inge Maulidina Putri
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摘要

自由裁量权意味着独立和权威。独立裁量权的本质是独立和自由地采取适当的行动。同时,职权是确定适用法律的决定权。这种自由裁量权的本质是遵循法官作为法律权力执行者的地位和权威。正如《宪法》明确指出的那样,法官是独立的司法行政人员,这是遵循1945年《宪法》第24条的规定,其中提到了2004年第4号国际法第21条及其与婚姻法律自由的关系。而对于与婚姻关系的豁免案件,法官会根据证据来确认事实,即在法律上存在有效的豁免理由,在有理由之后,法官会考虑法律。研究人员在本研究中使用的研究是实证或社会学法律研究。实证研究或社会学研究或实地研究本研究的性质是描述性的。描述性研究。规定性研究是指旨在根据现有条件或事实提供概述或制定问题的研究。研究结果表明,法官不仅根据法律法规做出判决,而且根据自己的良心,利用自己的权力和自由做出公正的判决。法官批准了许多提交给苏卡达纳宗教法庭的离婚请求。这是因为法官优先考虑了maslahah的概念。苏卡达纳宗教法院法官在受理结婚证书申请方面的智慧,在Maqashid伊斯兰教理论中属于“Hifd al-Nasl”(保护后代)范畴。这种努力被视为防止申请人的孩子犯通奸罪的一种方式。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Discretion means independence and authority. Independence from the essence of discretion is independence and freedom to take appropriate actions. At the same time, authority is the power of decision in determining the applicable law. The nature of this discretion is following the position and authority of the judge as the executor of legal power. As expressly stated in the Constitution, judges are independent judiciary administrators and this is following Article 24 of the 1945 Constitution which refers to Article 21 of RI Law No. 4 of 2004 and its relation to legal freedom in marriage. and regarding the relationship with the marriage dispensation case, the judge based on the evidence will confirm the facts, namely that there is a valid reason according to law for the dispensation and after there is a reason, the judge will consider the law. The research used by researchers in this study is empirical or sociological legal research. Empirical or sociological research or field research. The nature of this research is descriptive. Descriptive research. Prescriptive research is research that aims to provide an overview or formulate a problem based on existing conditions or facts. The results of the study show that judges do not only base their decisions on laws and regulations but also use their power and freedom to make fair decisions based on their conscience. The judge granted many divorce requests submitted to the Sukadana Religious Court. This is because the judge prioritizes the concept of maslahah. The wisdom of the judges of the Sukadana Religious Court in accepting applications for marriage certificates is included in the category of "Hifd al-Nasl" (safeguarding offspring) in the Maqashid Syariah theory. This effort is seen as a way to prevent the applicant's child from committing adultery.
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