PERTIMBANGAN HUKUM DISPENSASI NIKAH OLEH HAKIM PASCA BERLAKUNYA UU NO. 16 TAHUN 2019 (STUDI PADA PENGADILAN AGAMA SLEMAN TAHUN 2019-2020)

RIZKI PANGESTU, S.H., NIM. 19203010042 (2021) PERTIMBANGAN HUKUM DISPENSASI NIKAH OLEH HAKIM PASCA BERLAKUNYA UU NO. 16 TAHUN 2019 (STUDI PADA PENGADILAN AGAMA SLEMAN TAHUN 2019-2020). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The research of this thesis is discussed about law consideration of marital dispensation by judges after the appearance of Law No. 16 of 2019 about Marriage that regulating the minimum age of marriage for men and women become 19 years old. These regulations, present to the prevention of marriage of children under the age limit that happened a lot, however the regulations leave a new thing that is increase the case of marital dispensation in the Sleman Religious Court, this is the author‟s reason to takes the Sleman Religious Court to be the object of this research because it have the most significant increase in cases compared to other religious courts around Yogyakarta. The principal problem in this research is the author investigate the marital dispensation after the enactment Law No. 16 of 2019 about what are the reasons for the marital dispensation submitted by the applicant, how the basis law of the judge's consideration determining the marital dispensation, and how the law consideration by the judge on this case if reviewed from a progressive law perspective. This research is a references research with the data copy by the determination of marital dispensation after the enactment Law No. 16 of 2019 in the Sleman Religious Court, supported by field research with data from interview results to 2 judges and 1 young clerk of the Sleman Religious Court application. The nature of this research is descriptive analytics. While the approach used in this study is an empirical juridical approach based on progressive law reviews. Then the data is analyzed qualitatively-descriptively using inductive and deductive mindsets. Inductive obtained from the field in the form of documents establishing the case of marital dispensation and interviews are drawn to the general conclusion by deductive methods that the author applying progressive law theory. Based on the results of the research, it can be know that the reasons submitted by the applicant are still dominated by the reason of getting pregnant out of wedlock and also the reasons are not caused by being pregnant out of wedlock so fear of falling into the act prohibited by religious norms and norms of decency. The basis law of the judge's consideration is inseparable from three things, namely legal justice (fulfillment of formal and material elements), moral justice (accountability to God), social justice (consideration in making decisions or policies based on social impact). Law consideration by judges in various considerations are more likely to consider the overall benefit to the parties. If it related with progressive law has suitability because it‟s accordance with the basic of progressive law is the law brings benefits to human, is give kindness for everyone.

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