EFEKTIVITAS HUKUM DARI PERUBAHAN BATAS MINIMAL USIA PERKAWINAN (Studi Kasus di Pengadilan Agama Provinsi Banten)

Faiz Ghozi Al-Kamil, NIM.: 18103040099 (2022) EFEKTIVITAS HUKUM DARI PERUBAHAN BATAS MINIMAL USIA PERKAWINAN (Studi Kasus di Pengadilan Agama Provinsi Banten). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

That in writing this thesis, the author researched the Banten Provincial Religious Court because the practice of early marriage in Banten was influenced by several factors, namely coercion from parents / betrothed, weak economy, pregnant outside marriage, and perpetuating parental relations, there was a surge in applications for marriage dispensation in the Banten Provincial Religious Court. The marriage age limit has changed to 19 for both men and women. As for one of the purposes of the change is to remove discrimination from the minimum age limit of marriage between men and women, the change is made in the contents of article 7 of Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage. The change has sociological value that marriage will realize the life of the nation and state that is far from discriminatory treatment, preventing the non-fulfillment of girls' rights as part of the human rights guaranteed by the 1945 Constitution, has the opportunity to improve the quality of human resources. The change apparently led to an increase in applications for marriage dispensation cases at several Religious Courts in Banten Province. Towards the increase in marriage dispensation applications, the author is interested in researching 2 things, namely first, how the effectiveness of applying sociological values to changes in the minimum age limit of marriage in handling marriage dispensation applications throughout the Banten Provincial Religious Court. Second, how the consideration of judges throughout the Banten Provincial Religious Court in handling marriage dispensation applications is seen from the conformity with Perma Number 5 of 2019. Research is carried out by going directly to the field to find data and information, with the approach that the author uses is a juridical-empirical approach, while the method of collecting data is in the form of observation, interviews and seeing some verdicts. This research is categorized as field research (field studies) and is qualitative research. The author concludes as follows: First, the effectiveness of the application of sociological values to the change in the marriage age limit in the handling of marriage dispensation applications in the Banten Provincial Religious Court is in accordance with sociological values because the judge in adjudicating the case of marriage dispensation application considers the absence of marital coercion, economic aspects as evidenced by the salary of the future husband, psikilogis of the future wife which is evidenced from the Health letter. From the Doctor or Integrated Service Center for Women and Children Protection (P2TP2A), the judge saw his benefit for the rejection and granting of the application for marriage dispensation, and the readiness of parents to guide their children. Second, in consideration of the marriage dispensation application case, the judge's consideration has been in accordance with Perma Number 5 of 2019 (pregnant outside the marriage, the judge decided to grant the case because of the benefit of the future wife and the child conceived).

Item Type: Thesis (Skripsi)
Additional Information: Pembimbing: Faiq Tobroni, M. H,
Uncontrolled Keywords: dispensasi kawin; nilai sosiologis; mating dispensation; sociological value
Subjects: Ilmu Hukum
Hukum Islam > Fiqih > Pernikahan
Divisions: Fakultas Syariah dan Hukum > Ilmu Hukum (S1)
Depositing User: Muchti Nurhidaya [muchti.nurhidaya@uin-suka.ac.id]
Date Deposited: 22 Jul 2022 10:38
Last Modified: 22 Jul 2022 10:38
URI: http://digilib.uin-suka.ac.id/id/eprint/52185

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