Amanda, Aulia Dara (2026) Tinjauan Yuridis Perkawinan Di Bawah Umur Berdasarkan Undang-Undang Nomor 16 Tahun 2019 Tentang Perkawinan Di Pengadilan Agama Kabupaten Tebing Tinggi. Other thesis, Universitas Islam Riau.

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Abstract

Marriage bellow the legally determined age limit remains both a legal and social issue in Indonesia. Although Law No. 16 of 2019 stipulates that the minimum age for marriage is 19 years of both men and women, practices in the field still indicate the occurrence of early-age marriages through the marriage dispensation mechanism. In Tebing Tinggi Regency, the high number of dispensation applications submitted to the Tebing Tinggi Religious Court indicates a gap betweem the normative legal provisions and the social realities developing within the community. The research problem formulation in study consists of two aspects. First, what factors contribus to the occurrence of underage marriage. Second, what are considerations of judges at the Tebing Tinggi Religious Court. This study employed an empirical legal research method with a qualitative approach. Data were obtained through interview with judges at the Tebing Tinggi Religious Court and couples engaged in underage marriages. Data were collected through direct observation at the research location and through documentation studies in the form of books, scientific journals, and relevant law and regulations. The conclusion-drawing technique employed was the deductive method, which involves drawing conclusions from the general to the specific. The research result indicate that factors driving marriage dispensation requests at the Tebing Tinggi Religious Court include prematial pregnancy, family pressure, cultural influences and low levels of legal education and understanding among the community. Judges consider the public interest, moral protection and sosial conditions of the parties. This study concludes that the implementation og the law on the minimum age for marriage has not been fully implemented, requiring increased legal education and active community involvement to prevent early marriage.

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