Dispensasi Perkawinan Dibawah Umur Menurut Undang-undang Nomor 16 Tahun 2019 Tentang Perubahan Atas Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan Di Pengadilan Agama Pekanbaru

Dwi Amin, Alnoviantika (2022) Dispensasi Perkawinan Dibawah Umur Menurut Undang-undang Nomor 16 Tahun 2019 Tentang Perubahan Atas Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan Di Pengadilan Agama Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

Marriage has the goal of forming a happy and eternal household based on Belief in the One and Only God. Therefore, Law Number 16 of 2019 Regarding Amendments to Law Number 1 of 1974 stipulates a marriage age limit of 19 years for men and women because at that age they are considered adults and can achieve the goal of marriage, which means if the prospective bride has not reach the age stipulated in the marriage law, they are classified as underage and cannot enter into a marriage. If underage marriages must still be carried out, the parents of the prospective bride and groom must apply for a marriage dispensation at the Religious Court. In the thesis entitled "Dispensation of Underage Marriage According to Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage in the Pekanbaru Religious Court", the focus of the research is to find out the factors causing the high request for dispensation of marriage in the Religious Courts Pekanbaru and to find out the judge's considerations in granting the request for marriage dispensation at the Pekanbaru Religious Court and the solution to the 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, 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 research results, it is known that the factors causing the high number of requests for dispensation of marriage in the Pekanbaru Religious Court are, 1) factors from the applicant, namely, promiscuity and avoiding adultery, and factors of pregnancy out of wedlock, 2) factors from environmental sociology, namely, economic factors and status social factors, cultural and customs factors, factors of the role of the mass media, and factors of changes in laws. And in granting the request for marriage dispensation the judge has considerations, namely, 1) the applicant must meet the requirements according to Supreme Court Regulation Number 5 of 2019, 2) there is no prohibition on marriage, 3) urgent conditions, 4) based on benefit. The solution to the dispensation of marriage is to increase children's knowledge in the field of religion, improve the quality of children's education, provide knowledge about sexual and reproductive health to children, and mobilize parents and religious leaders to conduct counseling about early marriage.

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