Karlina, Wiwit (2023) Tinjauan Hukum Terhadap Peningkatan Permohonan Dispensasi Perkawinan Di Pengadilan Agama Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

A marriage dispensation request is a request submitted by the applicant to the court to allow the person requesting the dispensation to marry because the prospective bride and groom do not meet certain requirements, namely not meeting the age limit for marriage. One of the factors that caused the dispensation was the change in the requirements for marriage in Law no. 16 of 2019, namely the provision that both men and women must be 19 years old. The reason that in the case of the increase in dispensation above occurred was due to a very urgent situation, namely extramarital relations and lack of socialization and economic factors which were the causes. The formulation of the problem in this research is, firstly, what are the consequences of marriage dispensation in the Pekanbaru Religious Court and secondly, what are the considerations of Pekanbaru Religious Court judges in granting marriage dispensation. In this research, the method used is an empirical approach. This method is also called the sociological method, which is primary legal research based on direct research in the field by means of interviews, observation and documentation. The data and data sources used by the author are primary data, namely data obtained from direct fieldwork and secondary data obtained from literature searches. The data collection techniques used by the author are interviews and questionnaires. Meanwhile, the conclusion drawing method used by the author in this research is the deductive conclusion drawing method, namely a technique for drawing conclusions from general things to more specific things. The results of this research: Firstly, the consequences of the marriage dispensation show that there is no readiness to enter married life, physical and mental readiness, other consequences of unregistered marriages can mean that valid evidence in the form of a marriage certificate is not issued, so that it will make it difficult to prepare child's birth certificate, family card and so on regarding civil matters that must be recorded at the civil registry office. Then the second concerns the judge's consideration of the marriage dispensation, where the judge decides to grant the marriage dispensation due to several factors, namely factors such as pregnancy outside of marriage, economics and also education. In the case of this dispensation in 2017-2021, there were several cases that were granted by the judge for the reason of avoiding insults and being ostracized in society, this reason was one of the factors that the judge wanted to grant the dispensation and also that the conditions had been fulfilled or were complete in terms of documents.

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