Analisis Yurisis Putusan Mahkamah Konstitusi Nomor 22/PUU-XV/2017 Dalam Pengujian Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan

Putriani, Dwi (2021) Analisis Yurisis Putusan Mahkamah Konstitusi Nomor 22/PUU-XV/2017 Dalam Pengujian Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan. Other thesis, Universitas Islam Riau.

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Abstract

The Constitutional Court is established as a constitutional guardianship. This means that if there is a law that contains or is formed contrary to the constitution, the Constitutional Court can annul it by canceling the existence of the law in its entirety or by article. The provisions of Article 7 paragraph (1) of Law Number 1 Year 1974 concerning Marriage have created legal uncertainty, created ambiguous, unclear and multiple interpretations of the law, as well as curbed the fulfillment of constitutional rights. The law states that the age limit for marriage is 16 years for women and 19 years for men. Based on these problems, the research is to find the epistemological roots of marriage at a young age and strengthen the opinion on the need for Islamic family law, especially to raise the minimum limit of marriage. The formulation of the problems in this study are: First, what is the consideration of the Constitutional Court in Decision Number 22 / PUU-XV / 2017 concerning Judicial Review of Law Number 1 of 1974 concerning Marriage. Second, what are the implications of the Constitutional Court Decision Number 22 / PUU-XV / 2017 concerning Judicial Review of Law Number 1 of 1974 concerning Marriage This type of research uses normative legal research. The type of data in this study uses primary data and secondary data. This study uses literature study techniques to analyze the decisions of the Constitutional Court. Analyze the data using a qualitative descriptive method by explaining, describing, and describing problems that are appropriate to this study. The basis for the consideration of the judges of the Constitutional Court to grant part of the petitioner 's petition is because the Constitutional Court interprets with the type of sociological interpretation where the court pays attention to and observes the situation and development of society which should have been Article 7 paragraph (1) of Law Number 1 of 1974 amended by ordering legislators to revise by providing a maximum period of 2 (three) years, and in 2019 lawmakers and the government issued and ratified Law Number 16 of 2019 as an Amendment to Law Number 1 of 1974 Concerning Marriage which states that marriage is permitted if the male party has reached the age of 19 (nineteen) years and the woman has reached the age of nineteen.

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