Virades, Genius (2024) Disparitas Penetapan Hakim Pengadilan Agama Dalam Memberikan Penetapan Dispensasi Nikah Atas Dasar Pertimbangan Hukum Usia Calon Pengantin yang Terpaut Jauh. Masters thesis, Universitas Islam Riau.

Text 221021111.pdf - Submitted Version Restricted to Registered users only Download (6MB) | Request a copy

Abstract

In cases that are under the authority of the Religious Court, there are several cases that are very closely related to children's rights, including cases of requests for marriage dispensation. Marriage dispensation is a voluntary case in the form of leniency given by the Court to prospective husband and wife who have not reached the minimum age limit of 19 years for men and women so that they can get married. Underage marriage has negative impacts and gives rise to new problems, such as divorce, high risk of death for mothers and children, and poverty will emerge. In addition, Article 7 paragraph (2) of Law Number 1 of 1974 in conjunction with Law Number 16 of 2019 concerning Marriage does not explain what is meant by deviation, so in this case the judge must interpret the contents of the article himself in determining the request for marriage dispensation submitted. rom the review above, there are several problems that the author wants to examine, namely: (1) How is the Judge's Legal Reasoning for Rejecting a Marriage Dispensation Application Due to the Far Difference in the Age of the Prospective Bride and Groom in Case Number 111/Pdt.P/2022/PA.Tlk Teluk Kuantan Religious Court? (2) How is the Judge's Legal Reasoning for Accepting a Marriage Dispensation Application Even Though the Prospective Bride and Groom's Age is Far Difference in Case Number 3/Pdt.P/2022/PA.Pn Painan Religious Court? This type of research is a normative legal research method. Therefore, the author conducted this research by taking two decisions of the Religious Court, namely the Teluk Kuantan Religious Court and the Painan Religious Court, for the data source the author took primary data sources, namely Legislation and secondary data sources, namely from several books as references, journals and other supporting data from the author. Data collection techniques The legal material analysis technique used by researchers in this study is the deduction method. The deduction method is based on the submission of a major premise. Then a minor premise is submitted. From these two premises, a conclusion is then drawn. Or more simply, the deduction method can be interpreted as a method for analyzing legal materials that present things that are formulated in general and then draw conclusions that are in accordance with the factual case being studied. From the results of the study, it can be concluded that the decision of the two Religious Court Judges in determining the marriage dispensation has its own interpretation in granting or rejecting the marriage dispensation that was submitted. Legally, it is clearly written that the age of marriage for men and women is 19 years below the age requirement, a marriage dispensation is requested, whether it is granted or rejected depends on the judge's interpretation in viewing which has greater maslahah and mudharat.

Actions (login required)

View Item