Analisis Penetapan Dispensasi Perkawinan Dibawah Umur Menurut Perma No. 5 Tahun 2019 (Studi Di Pengadilan Agama Pekanbaru)

Yanti, Risa (2022) Analisis Penetapan Dispensasi Perkawinan Dibawah Umur Menurut Perma No. 5 Tahun 2019 (Studi Di Pengadilan Agama Pekanbaru). Other thesis, Universitas Islam Riau.

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Abstract

Marriage is also associated with the issue of lower age thresholds for women who will marry 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 in entering into a marriage. Because that's the age that is considered an adult, which means if the bride and groom have not reached the proper age then the person concerned is still underage and cannot enter into a marriage. In order to finalize the procedural law for dispensation of marriage which has not been explicitly and in detail regulated in statutory regulations, the Supreme Court issued Supreme Court Regulation No. 5 of 2019 concerning Guidelines for Trying Marriage Dispensation Applications which was promulgated on November 21, 2019. One of the objectives of these guidelines is to standardize the marriage dispensation procedural law in court. In his thesis entitled "Analysis of Determination of Underage Marriage Dispensation According to Perma No. 5 of 2019 (Studies at the Pekanbaru Religious Court)", the focus of the research is to find out the implementation of the marriage dispensation at the Pekanbaru Religious Court. The method used to answer the problems mentioned above is the empirical legal research method (sociological) which is a data collection technique, in which the researcher makes direct observations of the research object to take a close look at the activities being carried out. Based on the results of the research it is known that in the Implementation of Marriage Dispensation at the Pekanbaru Religious Court, the Judge has determined the procedures and requirements in accordance with the applicable provisions. The procedure for filing a petition 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 dispensation for underage marriages are those who apply for dispensation for marriage but have not met the requirements in terms of age/age for both the female and male parties. At the Pekanbaru Religious Court, there are several factors causing the application for a marriage dispensation to the Pekanbaru City Religious Court. Dispensation from marriage is always motivated by several factors, namely: 1) avoiding adultery, 2) getting pregnant out of wedlock, 3) free sex, 4) economic difficulties.

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