Modin dan Otoritasnya; Studi Kasus Larangan Kawin Hamil Di Kelurahan Temas Kota Batu

Abstract

This study discusses the modin and its authority as the officers of the marriage registrar in Temas village. The focus of this study is the idea of banning pregnant marriage by modin. Pregnant women who want to marry are prohibited from doing marriage until she gives birth. This study is an empirical research of law by placing sociology of law as its approach. This research puts the theory of legal authority and reasoning in anlyzing data. Related to the theory of legal authority, the theory of Freidman and Khaled Abou el-Fadhl was chosen for legal sociology analysis. The three things which are focus of this study are about why did modin issue the policy, how is the policy authority position, and how did modin interpretation of article 53 KHI related to the prohibition of pregnant marriage. First, this study shows that there are two major narratives (sociological reasons) of why modin should implement the idea; these are preventing stigmatization of free sex and preserving the lineage. Second, through the theory of autorithy, modin got three authorities at once; persuasive authority, traditional authority, and charismatic authority. Therefore, that policy automatically had the authoroty. Third, in constructing his idea, modin applied three interpretation methods; authentical interpretation, sociological interpretation, and historical interpretation.