Efektivitas Perubahan Undang-undang No 1 Tahun 1974 Dengan Undang-Undang No 16 Tahun 2019 Tentang Perkawinan Dalam Menekan Tingkat Dispensasi Kawin Di Pengadilan Agama Tarempa

Ramdani, M. (2022) Efektivitas Perubahan Undang-undang No 1 Tahun 1974 Dengan Undang-Undang No 16 Tahun 2019 Tentang Perkawinan Dalam Menekan Tingkat Dispensasi Kawin Di Pengadilan Agama Tarempa. Other thesis, Universitas Islam Riau.

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Abstract

Regarding the effectiveness of changes to Law no. 1 of 1974 became Law no. 16 of 2019 concerning marriage, namely the age limit for getting married for women to be 19 years old, equivalent to the age limit for men, because the increase in the age limit for submitting a marriage dispensation has led to an increase in applications for a marriage dispensation. The formulation of the problem in this study are, First, what is the main factor in increasing marital dispensation. Second, what are the judges' considerations and the best solution in overcoming the increase in dispensation requests after the enactment of Law No. 16 of 2019 concerning Marriage at the Tarempa Religious Court. This research is classified into empirical sociological research by going down the field to get some data (Observational Research), with the method of drawing deductive conclusions. From the results of this study, the authors obtained and found in this study that First, the main factor that led to an increase in marriage dispensation at the Tarempa Religious Court, which originally in 2019 only had 25 cases, in 2020 it rose to 50 cases, is the law itself. Then there is the factor of getting pregnant out of wedlock, the consensual factor, and the economic factor. Second, the judge has considerations of legal certainty and benefits for all parties, especially for the woman and the child she is carrying if the reason for the application is pregnancy outside of marriage, as well as many parents who do not know the dangers or impacts of young marriage. i

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