ASAS KEPENTINGAN TERBAIK BAGI ANAK DALAM PERATURAN MAHKAMAH AGUNG NOMOR 5 TAHUN 2019 TENTANG PEDOMAN MENGADILI PERMOHONAN DISPENSASI KAWIN MENURUT HAKIM PENGADILAN AGAMA BANTUL

Qurratul Uyun, S.H, NIM.: 20203011072 (2022) ASAS KEPENTINGAN TERBAIK BAGI ANAK DALAM PERATURAN MAHKAMAH AGUNG NOMOR 5 TAHUN 2019 TENTANG PEDOMAN MENGADILI PERMOHONAN DISPENSASI KAWIN MENURUT HAKIM PENGADILAN AGAMA BANTUL. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Child marriage has a negative impact on individuals and the environment. Children who marry at an early age do not get the rights they should have, resulting in divorce and domestic violence due to the unpreparedness of children in building a household and affecting social structure and order in society, which ends in threats to children's welfare. Children with welfare problems need protection and guidance like children of the same age. The number of requests for dispensation for marriage has not subsided, in fact 90% of applications for dispensation for marriage are granted by the Court taking into account the best interests of the child, and the Bantul Religious Court is no exception. The purpose of this study is to explore the meaning of the best interests of the child from the perspective of the Bantul Religious Court Judge by using the theory of legal hermeneutics. The type of research used is field research, which is descriptive-analytical in nature with a normative-empirical research approach. The primary data sources are documentation and interviews with Bantul Religious Court Judges. While the secondary data source is in the form of legal documents. The results of the study show that: First, the interpretation of the best interest principle for children in PERMA No. 5 of 2019 are all actions that must be considered to ensure the protection, care, welfare, survival and development of children, including efforts to help prosper the growth and development of children and improve family life. Second, the interpretation of the principle of the best interests of the child according to the Bantul Religious Court Judge is what is best for the child's survival, now and in the future. Granting a request for a marriage dispensation is not a form of neglecting the rights of the child, because every child who is asked for a marriage dispensation must have his own interests, and must get justice before the law.

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