Wibowo, Azzah Khalilah Daradanti (2026) Analisis Pertimbangan Hukum Dalam Permohonan Menyamakan Nama (Studi Penetapan Nomor 146/Pdt.P/2024/PN.Sby dan Nomor 591/Pdt.P/2025/PN.Sby). Undergraduate thesis, UPN Veteran Jawa Timur.
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Abstract
This research aims to examine the legal considerations in applications. for name equalization at the Surabaya District Court, as reflected in court determinations that were granted under Determination Number 146/Pdt.P/2024/PN.Sby and declared inadmissible under Determination Number 591/Pdt.P/2025/PN.Sby, which were rendered by two different judges. This study employs a normative juridical research method with a descriptive analytical approach. The legal materials used in this research consist of primary, secondary, and tertiary legal materials, which were collected through library research conducted both offline and online. The results of this research indicate that applications for name equalization involve a central issue in the form of a legal vacuum. Consequently, in formulating their legal considerations, judges rely on regulations governing name changes and name corrections. Based on the analysis of the legal considerations in determinations that granted the application and those that declared the application inadmissible, it is found that the determination granting the application has fulfilled the principles of legal certainty, expediency, and justice for the applicant. However, the legal considerations were not optimal, as the judge did not sufficiently apply the principle of prudence in evaluating the evidence presented. Meanwhile, the legal considerations in the determination declaring the application inadmissible have fulfilled the principles of expediency and justice for the applicant; nevertheless, the judge did not optimally formulate the legal reasoning in reaching the decision. Furthermore, based on an analysis of the provisions of positive law in Indonesia concerning name equalization in determinations that were granted and declared inadmissible, it is evident that this case reflects the existence of a legal vacuum. In addressing this legal vacuum, judges, in their legal considerations, relied on regulations related to population administration and judicial procedures.
| Item Type: | Thesis (Undergraduate) | ||||||||
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| Subjects: | K Law > K Law (General) | ||||||||
| Divisions: | Faculty of Law > Departement of Law | ||||||||
| Depositing User: | Azzah Khalilah Daradanti Wibowo | ||||||||
| Date Deposited: | 28 Apr 2026 01:39 | ||||||||
| Last Modified: | 28 Apr 2026 01:40 | ||||||||
| URI: | https://repository.upnjatim.ac.id/id/eprint/51229 |
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