Judges' Legal Culture in Dealing with High Number of Applications for Child Marriage Dispensation during Covid-19 Pandemic at the Kudus Religious Court

نویسندگان

چکیده

This study aims to explore the judges' legal culture in Kudus Religious Courts dealing with high number of applications for marriage dispensation during Covid-19 pandemic. Making a decision on case becomes problematic judges because they have make it their personal considerations. research was analyzed qualitatively using constructivism paradigm socio-legal approach based primary data by interviewing 2 (two) judges, 3 (three) advocates, and applicants dispensation. Moreover, also employed secondary data, including law, regulation its implementation, relevant literature, academic journals. The findings are: First, caused people’s perception minimum age which is customary belief, maturity social life, rather than numerical age. Second, making about case, considerations facts trial court values justice living society while paying attention Supreme Court rules. Third, deciding application dialogue some fellow advising revoke application.

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ژورنال

عنوان ژورنال: Al-Ihkam: Jurnal Hukum dan Pranata Sosial

سال: 2022

ISSN: ['1907-591X', '2442-3084']

DOI: https://doi.org/10.19105/al-lhkam.v17i1.6060