PERTIMBANGAN HAKIM TERHADAP PENETAPAN DISPENSASI
PERKAWINAN DI KOTA SUKABUMI TAHUN 2019 TINJAUAN UNDANGUNDANG NO.16 TAHUN 2019 ATAS PERUBAHAN UNDANG-UNDANG NO.1 TAHUN 1974 TENTANG PERKAWINAN
(STUDI KASUS PENGADILAN AGAMA SUKABUMI)
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Institusion
Universitas Muhammadiyah Sukabumi
Author
Iswandi, Saida Nurfadila
Subject
K Law (General)
Datestamp
2021-08-05 07:08:12
Abstract :
Granting permission to the (prospective) bride that is still under the minimum age limit for marriage to marry is also known (referred) as marriage dispensation. It also can be said as granting permission to marry a child. The increasing number of application for marriage dispensation to the Sukabumi religious court after the enactment of the marriage law which regulates the minimum age to 19 years old for both bride and groom from the previous minimum age limit 16 years old for the bride and 19 years old for the groom. In addition, granting permission to this marriage dispensation often results in negative consequences and negative impacts, and also can caused new problems to the society life. This research uses a qualitative research approach. Based on the research the author did, indicate a conclusion that the judge uses PERMA number 5 of 2019 about the guidelines to adjudicate the application of marriage dispensation as a foundation to severing and granting this case of marriage dispensation. Almost 75% the factors behind the submission for the marriage dispensation application are pregnancies before marriage. And, the other 25% is because of the parental concern.
Granting permission to the (prospective) bride that is still under the minimum age limit for marriage to marry is also known (referred) as marriage dispensation. It also can be said as granting permission to marry a child. The increasing number of application for marriage dispensation to the Sukabumi religious court after the enactment of the marriage law which regulates the minimum age to 19 years old for both bride and groom from the previous minimum age limit 16 years old for the bride and 19 years old for the groom. In addition, granting permission to this marriage dispensation often results in negative consequences and negative impacts, and also can caused new problems to the society life. This research uses a qualitative research approach. Based on the research the author did, indicate a conclusion that the judge uses PERMA number 5 of 2019 about the guidelines to adjudicate the application of marriage dispensation as a foundation to severing and granting this case of marriage dispensation. Almost 75% the factors behind the submission for the marriage dispensation application are pregnancies before marriage. And, the other 25% is because of the parental concern.
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