Pelaksanaan Dispensasi Nikah Terhadap Perkawinan Dibawah Umur Di Pengadilan Agama Pekanbaru

Tanjung, Dinda Pratiwi (2022) Pelaksanaan Dispensasi Nikah Terhadap Perkawinan Dibawah Umur Di Pengadilan Agama Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

Marriage is also associated with the problem of lower age limits for women getting married resulting in higher birth rates. Therefore, the law stipulates that the age limit for marriage is 19 years for men and 16 years for women to marry. Because at that age he is considered an adult, which means that if the bride and groom have not reached the proper age, then the person concerned is classified as a minor and has not been able to get married. However, the Indonesian government has made changes to Law No. 1 of 1974 concerning marriage. Namely with the issuance of "law number 16 of 2019 concerning changes to law number 1 of 1974 concerning marriage". Changes in law number 1 of 1974 concerning marriage include the minimum age for couples who want to marry, the minimum age for marriage for women is the same as the minimum age for marriage for men, which is 19 years. In the thesis entitled "Implementation of Marriage Dispensation Against Underage Marriage at the Pekanbaru Religious Court", the focus of the research is to determine the implementation of the marriage dispensation at the Pekanbaru Religious Court and to determine the factors causing the increase in applications for marriage dispensation. The method used to answer the problems mentioned above is to use the empirical legal research method (sociological) which is a data collection technique, where researchers make observations directly to the object of research to see closely the activities carried out. Based on the results of the study, it is known that in the Implementation of the Marriage Dispensation at the Pekanbaru Religious Court, the Judge has set procedures and requirements in accordance with applicable regulations. The procedure for filing an application is the same as the mechanism for filing a lawsuit. In the Implementation of Dispensation for Underage Marriage at the Religious Court of Pekanbaru City, parties who can apply for a dispensation for underage marriage are parties who apply for marriage but have not met the requirements in the age/age provisions for both women and men. In the Pekanbaru Religious Court, there are several factors causing the application for a marriage dispensation to be submitted to the Pekanbaru City Religious Court. The occurrence of marriage dispensation is motivated by several factors, namely: 1) avoiding adultery, 2) getting pregnant out of wedlock, 3) free sex, 4) economic difficulties.

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