Fransiska Emilia Sandra, . (2022) DISPENSASI KAWIN DITINJAU DARI HUKUM POSITIF INDONESIA. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
Law No. 19 of 2016 amending Law No. 1 of 1974 on Marriage explains the age limit for a person referred to in Article 7(1), which reads: Marriage is permitted only if the husband and the female the age limit of 19 (nineteen) years. However, if you look at Article 7(2) which states: The parties may apply for a dispensation from the marriage at the religious court appointed by the parent who will solemnize the marriage, both male and female parents, there are exceptions here. Here we can see that the provisions of Article 7(2) conflict with Article 26(1)(c) of Law No. 35 of 2014 on the Protection of Children, which contains the duties and responsibilities of parents entering into marriage According to the Child Protection Act, a child is anyone under the age of 18. So notice the discrepancy between the two laws. In addition, Law No. 16 of 2019 on Child Protection contains minimum age provisions, which the author says will open a loophole for marriage at the age of a child. Therefore, a problem formulation has been addressed in this work, namely the factors that cause the marriage of minors under Indonesian positive law and how the legal protections for minors applying for a marriage license as defined by Law No. 35 of 2014 and what are the opinions and legal considerations of the judges of the religious courts of East Jakarta in granting and rejecting the marriage petition? In addition, this research uses a descriptive empirical normative method. This document describes a form of legal protection for children who want to apply for a marriage license by collecting on-site data and data from related sources and then linking it to applicable laws and regulations. The type of data used is secondary data. the outcome of investigations into minors who have applied for exemption from Dika is partly determined by various factors. For example, several cases brought before religious courts are generally based on the concerns of parents who feel they should marry off the two children. Meanwhile, under the Child Protection Act, every child has the right to survive and grow and develop and then be free from violence or discrimination.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Additional Information: | [No. Panggil : 1810611096] [Pembimbing : Sulastri] [Penguji 1 : Heru Suyanto] [Penguji 2 : Yayan Sopyan] |
| Uncontrolled Keywords: | Marriage Dispensation, Legal Protection, Minors |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | Fransiska Emilia Sandra |
| Date Deposited: | 06 Sep 2022 02:34 |
| Last Modified: | 06 Sep 2022 02:34 |
| URI: | http://repository.upnvj.ac.id/id/eprint/20769 |
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