TY  - THES
N1  - Pembimbing: Yasin Baidi, S.Ag, M.Ag.
ID  - digilib67529
UR  - https://digilib.uin-suka.ac.id/id/eprint/67529/
A1  - Maulidya Dwi Saputri, NIM.: 20103050091
Y1  - 2024/08/20/
N2  - The number of marriage dispensations at the Sleman Religious Courts increases
every year, after the enactment of Law no. 16 of 2019 concerning Amendments to
Law Number 1 of 1974 concerning Marriage, which states that marriage is only
permitted if the man and woman have reached 19 years. To fill the void in
procedural law regarding marriage dispensation in legislation, the Supreme Court
of the Republic of Indonesia issued Perma Number 5 of 2019 concerning
Guidelines for Adjudicating Marriage Dispensation Applications. The Sleman
Religious Court has the highest number of marriage dispensation cases in the
Special Region of Yogyakarta Province. Applications for marriage dispensation in
the period 2019 to 2022 soared high with the total number of cases reaching 899
applications. However, in 2023 applications for marriage dispensation will decrease
to 160 cases. Therefore, this research was conducted to find out what caused the
decline in the number of applications for marriage dispensation at the Sleman
Religious Court in 2023 from the perspective of legal effectiveness.
The type of research used is field research which is descriptive analytical in nature
with a legal sociology approach. The data source used is a primary data source,
which is in the form of writing or findings obtained directly from informants,
namely in the form of interviews with judges at the Sleman Religious Court and
supported by secondary data sources. Data collection techniques in this research
used documentation and interview methods.
Based on the results of the research that has been carried out, two conclusions can
be noted. First, the factor causing the decline in the number of applications for
marriage dispensation at the Sleman Religious Court in 2023 is due to the
implementation of Perma No. 5 of 2019, there are two, the first is related to
administrative requirements that must be fulfilled, one of which is including a
psychologist's recommendation letter. Second, there is collaboration between the
Sleman Religious Court and the Sleman District Health Service in the service of
issuing doctor's certificates for young brides and grooms as a condition for applying
for marriage dispensation. The efforts made as a form of implementation of the
Perma were implemented in 2022 and the results will only be seen in 2023, namely
a decrease in the number of applications for marriage dispensation. Based on the
theory of legal effectiveness, it can be said that this Perma is effective or has a
positive influence on reducing the number of applications for marriage dispensation
at the Sleman Religious Court in 2023. This is because there are three factors that
fulfill it, namely the legal factor itself, the law enforcement factor and the facility
factor.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - Dispensasi Kawin
KW  -  Perma No. 5 Tahun 2019
KW  -  Efektivitas Hukum
M1  - skripsi
TI  - PENURUNAN ANGKA PERMOHONAN DISPENSASI KAWIN DI PENGADILAN AGAMA SLEMAN TAHUN 2023 (PERSPEKTIF PERMA NOMOR 5 TAHUN 2019)
AV  - restricted
EP  - 109
ER  -