eprintid: 65991
rev_number: 10
eprint_status: archive
userid: 12460
dir: disk0/00/06/59/91
datestamp: 2024-07-17 06:24:10
lastmod: 2024-07-17 06:24:10
status_changed: 2024-07-17 06:24:10
type: thesis
metadata_visibility: show
contact_email: muh.khabib@uin-suka.ac.id
creators_name: Nurhilal Nazri Arif, S.H, NIM.: 22203011057
title: DINAMIKA HUKUM FORMIL PENETAPAN DISPENSASI KAWIN DI PENGADILAN AGAMA WONOSARI DAN SLEMAN TAHUN 2020-2023
ispublished: pub
subjects: 346.01
divisions: ilmu_sya
full_text_status: restricted
keywords: Peraturan Mahkamah Agung, Pertimbangan Hukum Hakim,
Dispensasi kawin
note: Pembimbing: Prof. Dr. Riyanta, M.Hum
abstract: Law Number 16 of 2019 concerning Amendments to Law Number 1 of
1974 about Marriage states that the age of marriage between a prospective
husband and prospective wife is 19 years old. The Supreme Court issued Supreme
Court Regulation Number 05 of 2019 concerning Guidelines for Adjudicating
Marriage Dispensation Applications, thus normatively Religious Court judges
must refer to these provisions. Article 6 paragraph 1 states, "the party who has the
right to apply for marriage dispensation is the parent or guardian". However, the
judges at the Wonosari Religious Court and the Sleman Religious Court decided
that it was contrary to Supreme Court Regulation Number 05 of 2019 concerning
Guidelines for Adjudicating Marriage Dispensation Applications. Based on the
matters above, the author is interested in researching 2 (two) problem
formulations: First, why do the judges of the Wonosari and Sleman Religious
Courts grant requests for marriage dispensation submitted by children, not their
parents or guardians? Second, do the decisions of the judges at the Wonosari and
Sleman Religious Courts reflect legal certainty, legal justice and the usefulness of
the law in adjudicating requests for marriage dispensation?
This type of research is field research which the author researched at
Wonosari and Sleman Religious Courts over a period of 3 years 2020-2023. This
research was qualitative in nature using an empirical juridical approach. The main
data source in this research was a copy of the decision of the Wonosari and
Sleman Religious Courts regarding the Marriage Dispensation decision.
The results of this research show, Firstly, Supreme Court Regulation
Number 05 of 2019 concerning Guidelines for Adjudicating Applications for
Marriage Dispensation in Article 6 states that the party entitled to submit an
application for marriage dispensation is the parent, if the child's parent/guardian is
not present, the case will be decided NO (niet ontvankelijk verklaard). The judge's
legal considerations in granting the decision; 1) Children live alone, 2) Judges
want to protect children's legal interests 3) The need for government regulations to
cover the void in formal law. Second, the Wonosari Religious Court with decision
number 316/Pdt.P/2021/PA.Wno and decision number 191/Pdt.P/2022/PA.Wno,
the Sleman Religious Court case decision number 177/Pdt.P/2020/PA. Smn
regarding judges reflects legal certainty, legal justice, and legal expediency, as
seen from Gustav Radbruch's theory, judges have reflected this.
date: 2024-03-26
date_type: published
pages: 127
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARI’AH DAN HUKUM
thesis_type: masters
thesis_name: other
citation:   Nurhilal Nazri Arif, S.H, NIM.: 22203011057  (2024) DINAMIKA HUKUM FORMIL PENETAPAN DISPENSASI KAWIN DI PENGADILAN AGAMA WONOSARI DAN SLEMAN TAHUN 2020-2023.  Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/65991/1/22203011057_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/65991/2/22203011057_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf