View of Penghulu on the Implementation of Taukil Wali in Peraturan Menteri Agama Nomor 20 Tahun 2019 (Study in Batang Regency)

Abstrak

The rules regarding taukil wali for marriage guardians who cannot be present at the marriage ceremony as stated in Peraturan Menteri Agama (PMA) Nomor 20 Tahun 2019 indirectly close the opportunity for intiqal (transfer) of guardianship from the nasab guardian to the judge's guardian due to the absence of the marriage guardian such as due to the marriage guardian is in far away (masafatul qashri). This study aims to find out the views of penghulu in Batang Regency about the implementation of taukil wali rules and what is the opinion of penghulu in Batang if taukil wali requirements are not implemented. The type of research used is an empirical juridical method that uses the subject of penghulu in Batang, using a qualitative-descriptive approach to produce data in the form of a description of the views of penghulu in Batang regarding the implementation of taukil wali in PMA Nomor 20 Tahun 2019 and policies from penghulu to complete this problem. Principly, penghulu in Batang Regency has implemented this taukil wali rule even though it has not done optimally due to obstacles in the implementation of the taukil wali by marriage guardians who cannot attend the marriage ceremony, so some of penghulu are "forced" to use the old rules to determine marriage guardians by intiqal (transfer) of the nasab guardian to the judge's guardian for reasons of masafatul qashri.