PROBLEMATIKA PERKAWINAN DINI DAN DISPENSASI KAWIN DI PENGADILAN AGAMA WATAMPONE PASCA BERLAKUNYA UU NOMOR 16 TAHUN 2019 TENTANG PERUBAHAN ATAS UU NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN

Mariana, S.H., NIM.: 19203012064 (2021) PROBLEMATIKA PERKAWINAN DINI DAN DISPENSASI KAWIN DI PENGADILAN AGAMA WATAMPONE PASCA BERLAKUNYA UU NOMOR 16 TAHUN 2019 TENTANG PERUBAHAN ATAS UU NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Law Number 1 of 1974 concerning Marriage has been in effect for approximately 45 years. However, problems in the family sector continue to increase, especially in child marriage. Legal instruments are required to accommodate existing problems so that they can be resolved for the sake of family continuity and harmony in the future. As an effort to prevent early marriage, the government has ratified a new rule, namely Law Number 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage in article 7 paragraph (1) that the marriage age for men and women is 19 years. The increase in the age limit for marriage is actually considered to trigger a spike in the number of child marriages and requests for dispensation from marriage in the Religious Courts. Therefore, this study will examine how the juridical review of the implementation of the marriage dispensation at the Watampone Religious Court and how the problems of early marriage after the implementation of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 2019 concerning Marriage in the perspective of the sociology of Islamic law. This type of research is a type of field research that uses descriptiveanalytic analysis methods. The approach used is the sociological juridical approach and the sociology of Islamic law which are analyzed through the theory of Law as a tool of social engineering by Roscoe Pound and the Sociological Theory of Islamic Law by M. Atho 'Mudzhar. The data collection method used is the method of observation, interviews, and documentation. The results of the study show that juridically, the application for a marriage dispensation at the Watampone Religious Court is based on Article 5 of the Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation, but regarding the recommendation from the DPPPA as a formal requirement to apply for a Marriage Dispensation at the Religious Courts, it seems wrong. because the Religious Courts as judicial institutions should be sterile from the influence of any power. Meanwhile, based on the Sociology of Islamic Law, early marriage is a social phenomenon that has been passed down from generation to generation in society. Public understanding regarding early marriage is still inherent and based on the conditions of classical understanding, which assumes that the Messenger of Allah married 'Aisyah at the age of six and had sex at the age of nine. However, regarding the existing policies at the Watampone Religious Court and P2TP2A in providing letters of recommendation, it is not in line with the marriage culture of the Bugis Bone community. Sociologically, the marriage of the Bugis Bone community goes through various stages of marriage, namely Paita, mappese'-pese'/mammanu'- manu', massuro/madduta, and mappasiarekeng/mappettu ada and mappenre' doi’ balanca.

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