Dispensasi Nikah Menurut Undang-undang Nomor 16 Tahun 2019 Tentang Perubahan Atas Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan Di Pengadilan Agama Pekanbaru

Perdana Daulay, Desriani Putri (2022) Dispensasi Nikah Menurut Undang-undang Nomor 16 Tahun 2019 Tentang Perubahan Atas Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan Di Pengadilan Agama Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

Marriage dispensation is the granting of permission from legal institutions to minors to carry out a marriage with clear reasons and intentions as well as granting permission from parents. Minors are children who have not reached the age of 19 for men and women whose marriage age limit has been regulated and for women as described in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. . Therefore, there are several changes in Law Number 1 of 1974 regarding the age limit for marriage and several other changes in Law Number 16 of 2019 which are considered for the Judge to grant the application for Dispensation for Marriage. The problems in this study are as follows: First, what are the factors that are considered by the judge in granting the Marriage Dispensation at the Pekanbaru Religious Court. Second, how is the Marriage Dispensation granted at the Pekanbaru Religious Court according to Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. As for the research method that the researcher uses in writing this thesis, the researcher uses an empirical sociological research method or what is called observational research, which is research that collects data by going directly to the field by looking at the reality and common sense. The data that researchers use are Primary Data and Secondary Data, where Primary Data is obtained or collected through the first party with Data Collection Techniques through Interviews, Observations, Documents and so on while Secondary Data is data obtained from agency records, books books, laws and so on. The data collection technique is by means of library studies. Therefore, the researcher uses the deductive method of drawing conclusions, namely drawing conclusions from a general matter to a specific nature. The results of the research and discussion that the authors found are as follows: First, the factors that are considered by the judge in granting the Marriage Dispensation at the Pekanbaru Religious Court are: Pregnancy out of wedlock, Economic Factors, Educational Factors. The factor of getting pregnant out of wedlock is the reason that women who are pregnant without a husband will be ostracized among the community and with the aim of maintaining the self-esteem and dignity of the woman. Second, the Marriage Dispensation granted at the Pekanbaru Religious Court is in accordance with Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, from the suitability of the requirements and the age limit for marriage.

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