DISPENSASI PENGADILAN AGAMA DALAM PERKAWINAN USIA ANAK MENURUT UU NOMOR 16 TAHUN 2019 TENTANG PERKAWINAN
Tanggal Upload: 30/05/2025
Penulis / NIM:
LOURENTS FREDERICHT / H1119029
Program Studi:
S1 Ilmu Hukum
Kata Kunci:
Dispensation, Religious Courts, Underage Marriage
Abstrak:
The purpose of this research is to determine (1) the judge's considerations in granting marriage dispensations at the Gorontalo Religious Court, and (2) the methods used by judges in granting marriage dispensations at the Gorontalo Religious Court. This type of research is normative-empirical law. Sources of legal materials are primary materials and secondary materials. Descriptive analysis techniques are explaining, illustrating and illustrating according to problems that are closely related to the research. The research results show that (1) Law no. 16 of 2019 as an amendment to Law no. 1 of 1974 concerning Marriage, where the new law changed the minimum age for marriage for men and women to 19 years, from previously the age limit for marriage was 19 years for men and 16 years for women. The authority of the Religious Courts in examining, deciding and resolving certain cases is as regulated in article 49 of Law Number 3 of 2006 concerningamendments to Law Number 7 of 1989 concerning Religious Courts, there are also certain cases in question, namely marriage, inheritance, wills. , grants, endowments, zakat, infaq, shadaqah, and sharia economics and (2) Decisions and determinations at the Gorontalo Religious Court, one of which is a request for marriage dispensation, the judge's ijitihad has its own considerations based on deliberation. panel of judges in making a decision. Even though the DPR and the government have agreed to change the marriage age referring to Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning Marriage, it still cannot minimize the occurrence of underage marriages. The recommendations of this research are (1) Parents play a very important role in children's growth and development so that they do not fall into the wrong path so that more supervision and attention to children will help so that children avoid things that are deviant due to freedom of movement and also lack of attention from parents,and (2) Religious Court Judges in granting marriage dispensations to underage couples must be selective in order to minimize the occurrence of underage marriages even though the law regulates the granting of dispensations.