Tinjauan Yuridis Terhadap Dispensasi Nikah Di Bawah Umur Dalam Undang-Undang Nomor 16 Tahun 2019 Tentang Perkawinan Di Pengadilan Agama Pekanbaru

Agustiani, Fepi (2022) Tinjauan Yuridis Terhadap Dispensasi Nikah Di Bawah Umur Dalam Undang-Undang Nomor 16 Tahun 2019 Tentang Perkawinan Di Pengadilan Agama Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

Marriage is an important thing in humans because with marriage, a good balance of life is realized, namely psychological, social and biological balance. Marriages carried out by lovebirds of the opposite sex. Marriage dispensation for the marriage of minors is basically a deviation from Article 7 paragraph (1) of the Marriage Law. Deviation from the age limit as stated in Article 7 paragraph (2) reveals that in the case of deviation from Article 7 paragraph (1) of Law Number 16 of 2019 on the amendment of Law Number 1 of 1974, you can request a dispensation from the local Court. The existence of this dispensation provision can automatically provide opportunities for the community to be able to carry out underage marriages. Underage marriages also occur and are carried out by some people in Pekanbaru City. This can be seen from the list of cases decided by the Pekanbaru Religious Court in the last 2 (two) years (2020-2021). The problem that occurs is the judge's consideration in determining the application for marriage dispensation at the Pekanbaru Religious Court and the factors that increase the application for marriage dispensation at the Pekanbaru Religious Court. The method used in this research is empirical juridical, namely legal research, which means research that examines community behavior that arises as a result of interacting with existing norms. By using data collection tools in the form of interviews and documentation. Meanwhile, judging from its nature, this research is descriptive in nature, that is, it provides an overview of the main research problems in the field. Furthermore, from the results of the research the author did, it can be concluded as follows: the judge's consideration in determining the application for marriage dispensation at the Pekanbaru Religious Court is based on Article 7 paragraph 2 of Law Number 16 of 2016 concerning Marriage. And the factors that increase the application for marriage dispensation at the Pekanbaru Religious Court are religious factors, economic factors and pregnancy factors out of wedlock.

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