eprintid: 59125
rev_number: 10
eprint_status: archive
userid: 12460
dir: disk0/00/05/91/25
datestamp: 2023-06-15 03:53:37
lastmod: 2023-06-15 03:53:37
status_changed: 2023-06-15 03:53:37
type: thesis
metadata_visibility: show
contact_email: muh.khabib@uin-suka.ac.id
creators_name: Ahdiyatul Hidayah, S.H., NIM.: 21203011075
title: DISPENSASI NIKAH DALAM PENETAPAN HAKIM PENGADILAN AGAMA AMUNTAI (STUDI PENETAPAN PENGADILAN AGAMA AMUNTAI TAHUN 2022)
ispublished: pub
subjects: nikah
divisions: ilmu_sya
full_text_status: restricted
keywords: Usia Perkawinan, Dispensasi Nikah, Pengadilan Agama Amuntai
note: Pembimbing: Dr.Mansur, S. Ag., M.Ag.
abstract: Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 states
that men and women may carry out marriage if they are 19 years old. The change in the
age of marriage aims to minimize the occurrence of underage marriage and it is expected
that married couples are really able to live a domestic life. But in reality, there are still
many parents who apply for dispensation to the Court. This is due to the weak economy
of parents, low education, promiscuity, social media, parents' desire for children to get
married quickly and the most often encountered is because they have had a relationship
like husband and wife to cause the woman to get pregnant. Therefore, those who are not
yet 19 years old must apply for dispensation to the Court with strong evidence and reasons.
Before giving a decision, the judge must have many considerations, because they look at
it from the side of expediency or glory. And the problem is what is the attitude and basis
of the Amuntai Religious Court judges in deciding which marriage dispensation
applications are granted or rejected.
The type of research conducted by the author is field research (Field Research),
with qualitative methods, the nature of this research is analytical descriptive research, the
approach used by the compiler is an empirical juridical approach. And to further trace the
issue of marriage dispensation, the author uses the theory of legal effectiveness by
ILawrence M. Friedman. This theory can target how public knowledge of the marriage
age rules dominates the increase in marriage dispensation, as well as how the historicity
of knowledge that covers the judge's mindset towards his attitude or basis in deciding
cases of marriage dispensation that are granted or rejected. To answer all these problems,
the author uses observation, interview and documentation methods.
The results showed that the increasing number of cases requesting marriage
dispensation in the Amuntai Religious Court was caused by the weak economy of parents,
the desire of parents for children to marry quickly for fear of not selling, low education, a
free environment that is not controlled by parents, the influence of social media, and most
often encountered because having sex resulted in pregnancy before marriage. The reasons
for filing a marriage dispensation case at the Amuntai Religious Court are very varied,
such as, getting pregnant before marriage, the desire of the two, loving each other, wanting
to have each other, arranged marriage and some are inspired by friends wanting to get
married soon even though they are still young. In deciding whether or not marriage is
permissible, judges always rely on the guidelines of Law Number 1 of 1974, Law Number
16 of 2019, PERMA Number 5 of 2019, the book of the Qur'an, as Sunnah and look at the
benefits and benefits that will befall.
date: 2023-03-21
date_type: published
pages: 166
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARI’AH DAN HUKUM
thesis_type: masters
thesis_name: other
citation:   Ahdiyatul Hidayah, S.H., NIM.: 21203011075  (2023) DISPENSASI NIKAH DALAM PENETAPAN HAKIM PENGADILAN AGAMA AMUNTAI (STUDI PENETAPAN PENGADILAN AGAMA AMUNTAI TAHUN 2022).  Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/59125/1/21203011075_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/59125/2/21203011075_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf