As’ali, Saikho (2016) Authority Of Issuing Divorce Deeds For The Religion Of Islam. Undergraduate thesis, Untag 1945 Surabaya.
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Abstract
This research aims to determine the Authority Issuance of Certificate of Divorce For The Islamic Religion , which until now religious court still publish Deed Divorce is on the basis of Article 84 paragraph (4) of Law No. 7 of 1989 that about the Religious and the Department of Population and Civil Registration as Agencies Executing the Population Administration by virtue of Article 40 of Law No 23 of 2006 that about Population Administration. The findings obtained from this research is the authority of the religious court in issuing the Divorce Act does not comply with legislation. It is caused by several factors ranging from the factor authority of religious court which are limited to "examine, hear and decide the case" and the principle of Lex specialis derogat legi generali which gives the provisions of that Act that are special (lex specialis) override general laws (lex generalis) which in this case is Law No. 7 of 1989 which is the law that should regulate matters relating to the provision of certain civil cases, while Law No. 23 of 2006 is a more specific law that about Adimistrasion Population, including the Divorce Act, and the Divorce Act Peneribitan Authority that located in the Department of Population and Civil Registration. It is based on the authority of the Department of Population and Civil Registration as an Implementing Agency of the Population Administration are outlined clearly and firmly in Law No 23 of 2006 concerning Population Administration with the authority that be obtained a mandate from the Government of Regency / City which in this case is the regent /Mayor.
Item Type: | Thesis (Undergraduate) |
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Uncontrolled Keywords: | Authority, Certificate of Divorce |
Subjects: | K Law > K Law (General) |
Depositing User: | Users 26 not found. |
Date Deposited: | 23 Mar 2022 03:30 |
Last Modified: | 23 Mar 2022 03:30 |
URI: | http://repository.untag-sby.ac.id/id/eprint/15317 |
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