Fajri, Mardiansyah (2024) Analisis Peningkatan Permohonan Dispensasi Kawin Pasca Pemberlakuan Undang-undang Nomor 16 Tahun 2019 Tentang Perubahan Undangundang Nomor 1 Tahun 1974 Jo. Peraturan Mahkamah Agung No 5 Tahun 2019 Di Pengadilan Agama Bangkinang Tahun 2023. Other thesis, Universitas Islam Riau.

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Abstract

Law Number 1 of 1974 concerning marriage, aims to bring order to the administration of marriage registration in Indonesia. Before the enactment of this law, the issue of Marriage, Divorce, Talak and Reconciliation was quite chaotic. To improve the pattern of marriage registration, in 2019 the government made changes to Law Number 1 of 1974, with Law Number 16 of 2019. Which only changed 81 (one) articles regarding the minimum age limit for a person to marry which is regulated in Article 7 paragraph (2) Law Number 1 of 1974. Based on the revision of Law Number 1 of 1974, the author is interested in researching the effect of changes to Law Number 1 of 1974 with the title, Increase in Marriage Dispensation Applications After the Enactment of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 Jo. Supreme Court Regulation Number 5 of 2019 in the Bangkinang Religious Court in 2022" From the formulation of the title, the author determines 2 (two) main issues, namely how to apply Law Number 16 of 2019 in the Bangkinang Religious Court in cases of requests for marriage dispensation and what is the influence of Law Number 16 of 2019 on increasing marriage dispensation in the Bangkinang Religious Court. The research method is empirical legal research for the research location at the Bangkinang Religious Court with 3 (three) respondents, 1 judge, clerk and junior petition clerk. From the results of the research, the author can state that basically the application of law number 16 of 2019 is generally in accordance with the provisions of the Law and Regulations of the Supreme Court (PERMA), and in certain cases there are overriding provisions by considering the welfare of children, the impact of the application of law number 16 2019 saw an increase in requests for marriage dispensation at the Bangkinang Religious Court. From the discussion of the main issue, it can be concluded that despite the implementation of Law Number 16 of 2019 in the Bangkinang Religious Court. implemented in accordance with the provisions, however, with the increasing influence of requests for dispensation, the author also conveys suggestions that there should be a breakthrough in completing applications for marriage dispensation and that the requirements and bureaucracy should not be too complicated and simplified, besides that, to suppress the surge in applications for marriage dispensation, socialization needs to be carried out periodically or periodically with involving all relevant officials and agencies.

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