Irawati Fatjerin, . (2024) PERTIMBANGAN HAKIM ATAS DISPENSASI NIKAH TERHADAP PEREMPUAN DENGAN ALASAN MENDESAK. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
This research aims to determine the judge's considerations in dispensing marriage for women for urgent reasons as well as legal protection for women who undertake dispensation of marriage for urgent reasons. Marriage dispensation for minors is a study of the age limit for a person to marry, or the ideal age for entering the world of marriage. The research uses a normative juridical method, where the case that is the topic of discussion in this research is related to determination number 14/Pdt.P/2020/PA.Pts and determination number 104/Pdt.P/2020/PN.Amr. This research is based on the facts of child marriage that we often encounter in Indonesia. The rules regarding urgent reasons do not explain strict boundaries so that the judge concerned needs to be careful in deciding whether the urgent reasons have been met to determine whether the application is granted or not. The results of this research show that the judge's consideration in determining the marriage dispensation for urgent reasons in the decision which was reviewed by the judge in decision number 14/Pdt.P/2020/PA.Pts, the judge granted the request tended to focus on protecting children from community discrimination and still ignored their rights. -girls' rights such as education and reproduction, whereas in decision number 104/Pdt.P/2020/PN.Amr the judge rejected the application by paying attention to girls' rights, namely reproductive rights and educational rights. In protecting children, especially women who marry underage, the role of the state, parents, family and society is needed to take part in preventing child marriage.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Additional Information: | [No. Panggil: 1910611155] [Pembimbing: Sulastri] [Ketua penguji : Taupiqqurrahman] [Penguji 1: Heru Suyanto] [Penguji2: Sulastri] |
| Uncontrolled Keywords: | Child marriage, Marriage dispensation, Urgent reason |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | Irawati Fatjerin |
| Date Deposited: | 13 Feb 2024 01:55 |
| Last Modified: | 22 Mar 2024 01:35 |
| URI: | http://repository.upnvj.ac.id/id/eprint/29394 |
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