PROBLEMATIKA PEMBERIAN DISPENSASI KAWIN BAGI PASANGAN DIBAWAH UMUR PASCA REVISI UNDANG-UNDANG PERKAWINAN

Rifky Wijayanto, . (2022) PROBLEMATIKA PEMBERIAN DISPENSASI KAWIN BAGI PASANGAN DIBAWAH UMUR PASCA REVISI UNDANG-UNDANG PERKAWINAN. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.

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Abstract

The main factor in getting married is age at the time of marriage. The change in the age limit for marriage from the previous 16 years ago was changed to 19 years after the issuance of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. This change in the minimum age limit for marriage has had an impact on the increase in applications for marriage dispensation in religious courts. This study aims to analyze the legal certainty of granting the application for dispensation for underage marriage after the revision of the marriage law and efforts to overcome the increasing marriage of couples under the age of 19 after the issuance of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. This research is included in the type of normative juridical research. The data sources used consist of primary, secondary and tertiary data sources. This research was conducted by literature study and using qualitative descriptive data analysis techniques. This research approach uses a statutory approach and a case approach. Legal certainty in the granting of a marriage dispensation application is a legal certainty that comes from Article 7 paragraph (2). In granting the application for dispensation for marriage, the judge uses the principle of benefit so that the prospective bride and groom do not continue to commit sinful acts. Efforts made to overcome the increasing application for dispensation for marriage can be done by limiting urgent reasons and strengthening the role of the community and also parents.

Item Type: Thesis (Skripsi)
Additional Information: [No.Panggil: 1810611011] [Pembimbing; Heru Sugiyono] [Ketua Penguji: Taupiqqurrahman [Penguji 1: Iwan Erar Joesoef] [Penguji 2; Heru Sugiyono]
Uncontrolled Keywords: marriage dispensation; problematic; under age
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Program Studi Hukum (S1)
Depositing User: Rifky Wijayanto
Date Deposited: 02 Feb 2022 04:51
Last Modified: 02 Feb 2022 04:51
URI: http://repository.upnvj.ac.id/id/eprint/15687

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