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TINJAUAN SOSIOLOGI HUKUM TERHADAP FAKTOR-FAKTOR TERJADINYA PERKAWINAN DI BAWAH UMUR TANPA DISPENSASI PENGADILAN (DI KECAMATAN PULAU BURUNG KABUPATEN INDRAGIRI HILIR)
The background of this study arises from the practice of underage marriage without court dispensation in Pulau Burung Subdistrict Indragiri Hilir, as well as the alteration of age data for underage prospective brides and grooms. This condition is triggered by low legal compliance, the perception that applying for court dispensation involves complicated administrative procedures, and the geographically remote location of Pulau Burung Subdistrict. Based on these issues, this study aims to examine the factors contributing to the occurrence of underage marriage without court dispensation in Pulau Burung Subdistrict. This research is a qualitative field study. Data were collected through direct observation at the research site, semi-structured interviews, and documentation. In analyzing the findings, this study applies Max Weber sociology of law approach and Talcott Parsons’ structural functionalism theory and Maqāṣid asy-Syarīah. Although both perspectives are rooted in sociology, the sociology of law focuses on the relationship between law and social conditions, while structural functionalism emphasizes the role of social functions in maintaining social order and balance. The results of this study indicate that, from both the sociology of law approach and the structural functionalist perspective, underage marriage without court dispensation is influenced by economic factors, educational factors, and parental encouragement. Economic limitations prevent parents from affording the costs of applying for court dispensation, while inadequate education leads to low legal compliance and limited awareness of the negative impacts of underage marriage without court approval. The failure of economic and educational functions within the family encourages parents to support underage marriage as a solution to maintain family stability, particularly when parents are concerned about daughters working far from home and perceive them as sufficiently independent to marry.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
TINJAUAN SOSIOLOGI HUKUM TERHADAP FAKTOR-FAKTOR TERJADINYA PERKAWINAN DI BAWAH UMUR TANPA DISPENSASI PENGADILAN (DI KECAMATAN PULAU BURUNG KABUPATEN INDRAGIRI HILIR) (Text)
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