S Y A F R I, S Y A F R I (2023) Pelaksanaan Dispensasi Kawin Di Pengadilan Agama Padang Berdasarkan Undang-undang Nomor 16 Tahun 2019 Perubahan Atas Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan. Masters thesis, Universitas Islam Riau.

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Abstract

This research answers problems regarding implementation, the judge’s reasons and the impact on the submission of a marriage dispensation application at the Padang Religious Court. After the promulgation of Supreme Court Regulation No. 5 of 2019 concerning Guidelines for Trialing Applications for Marriage Dispensation dated November 21 2019, there are a number of newv provisions governing the procedures for examining marriega dispensation cases that are different from before. This research includes the type of empirical normative legal reseach. The research data includes primary data and secondary data. Primary data is the main data of this study. While secondary data is used to support primary data. The data collection technique used is by means of document studies, observations, interviews and literature studies. The data obtained were then analyzed using qualitative analisis techteniques and literature studies. Result of the research show that basically the dispensation of marriage is a marriage that takes place where the prospective bride or one of the prospective brides has not reached the minimum age limit as stipulated by law Number 16 of 2019, namely 19 (nineteen) years. Even so, the Padang Religious Court can grant permission for underage marriages for certain reasons, namely there are considerations of benefit and harm and reasons for prioritizing the best interests of the child as the main foundation, which means that if the marriage is not immediately held for the prospective bride and groom then there will be fears of acts that violate religious norms and applicable regulations. The benefits obtained from this research are to consider science in general and law science in particular to provide an overview of agencies engaged in the field of civil law providing answers to the problems studied and used as input material for parties who experience and are directly involved with this title.

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