Tinjauan Dispensasi Kawin Terhadap Berlakunya Peraturan Mahkamah Agung Nomor 5 Tahun 2019 Tentang Pedoman Mengadili Permohonan Dispensasi Kawin Di Pengadilan Agama Pekanbaru

Setiawan, Said Dyon Pajar (2022) Tinjauan Dispensasi Kawin Terhadap Berlakunya Peraturan Mahkamah Agung Nomor 5 Tahun 2019 Tentang Pedoman Mengadili Permohonan Dispensasi Kawin Di Pengadilan Agama Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

The number of early marriages in Indonesia is generally due to the prospective husband or wife being under 19 years of age. The age limit for marriage has been updated wherein Law Number 16 of 2019 regulates the increase in the age limit for marriage to 19 years for prospective husbands and wives. Thus, if a prospective husband or wife who wants to get married but is not yet 19 years old, must apply for a marriage dispensation in court in accordance with the applicant's domicile, therefore the process of adjudicating the proposed dispensation application is regulated in Supreme Court Regulation Number 5 of 2019 concerning Guidelines Judging the Application for Marriage Dispensation. The main problems that the author examines in this research are: 1). How does the application of the Supreme Court Regulation Number 5 of 2019 affect the marriage dispensation in the Pekanbaru religious court? 2) What are the considerations of the Pekanbaru Religious Court judges regarding the marriage dispensation with the enactment of the Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation? This research belongs to the type of empirical sociological research, which means that it is necessary to collect the necessary data by coming directly to the research location and the nature of the research is to use a descriptive method, which is to provide a systematic and detailed description and explanation of the problems in the research. The results of the research that the author conducted, it can be concluded that with the implementation of the Supreme Court Regulation Number 5 of 2019 on the marriage dispensation at the Pekanbaru religious court, it has an impact on various aspects of the dispensation application process, namely the requirements for submission, the trial process and the way the judge grants the request which is more comprehensive. detailed and thorough. And the Supreme Court Regulation Number 5 of 2019 of 2019 makes the judgments made by judges more effective by looking at various additional factors that support decisions given in court.

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