DAMPAK DARI PERUBAHAN BATAS USIA PERNIKAHAN TERHADAP PERKARA PERMOHONAN DISPENSASI NIKAH DI PENGADILAN AGAMA BANTUL TAHUN 2015-2021

Salsabil Citra Cendana Putri, NIM.: 18103040109 (2022) DAMPAK DARI PERUBAHAN BATAS USIA PERNIKAHAN TERHADAP PERKARA PERMOHONAN DISPENSASI NIKAH DI PENGADILAN AGAMA BANTUL TAHUN 2015-2021. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In 2019 the Marriage Law Number 1 of 1974 article 1 was changed to Law Number 16 of 2019 which discussed the marriage age which was originally 16 years for women changed to 19 years. In Indonesia, there is a marriage dispensation rule, namely the granting of the right to a person to carry out a marriage even though his age has not reached the age limit for marriage. This study discusses the impact of changing age on cases of application for marriage dispensation at the Bantul Religious Court. By looking at whether there has been a change in the number of applications for marriage dispensation cases before the amendment to the said law and after the amendment to the law, there has been a change in the increase in case applications or not, as well as the reasons why the application for marriage dispensation cases has increased. This type of research is a qualitative research using data collection methods of observation, interviews, and documentation. The results of the research in this study show that the amendment to Law Number 16 of 2019 against Law Number 1 of 1974 greatly affected the application for Marriage Dispensation cases, namely a significant increase in applications for marriage dispensation cases at the Bantul Religious Court. With the existence of Law Number 16 of 2019 the judge agreed because the Law was born on the basis of the decision of the Constitutional Court Number 22/PUU-XV/2017 which the background of the decision was concerning the fear of violations of Human Rights, Discrimination, Exploitation, not carrying out obligations education and endanger reproductive health. So that people can rethink the application that will be submitted to the Religious Court.

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