PERNIKAHAN PASANGAN NIKAH DI BAWAH UMUR DAN KEHARMONISAN DALAM KELUARGA (KAJIAN PASANGAN PERNIKAHAN TERCATAT DI YOGYAKARTA)

Farichatul Azkiyah, S.H, NIM.: 20203012076 (2023) PERNIKAHAN PASANGAN NIKAH DI BAWAH UMUR DAN KEHARMONISAN DALAM KELUARGA (KAJIAN PASANGAN PERNIKAHAN TERCATAT DI YOGYAKARTA). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Underage marriage is one of the problems that still occurs in society and there are often pros and cons in practice. Underage marriages can be carried out if they have obtained permission from the Court. In article 7 paragraph (2) of the Marriage Law No. 16 of 2019 explains that the application can be submitted if it meets the requirements, which are urgent conditions. However, the existence of a registered marriage application raises a new problem, namely divorce. At the Yogyakarta Religious Court in 2020-2022 it was found that there were 34 divorce decisions for underage married couples, namely at the Yogyakarta Religious Court in 2020 out of 267 divorce decisions there were 2 divorce decisions for underage married couples, in 2021 out of 182 divorce decisions there are 5 divorce decisions for underage couples, and in 2022 out of 170 divorce decisions there are 9 divorce decisions for underage married couples, while in the Bantul Religious Court in 2020 out of 209 divorce decisions there are 6 divorce decisions for underage married couples, In 2021 out of 198 divorce decisions there are 5 divorce decisions for underage couples, and in 2022 out of 153 divorce decisions there are 10 divorce decisions for underage couples. This research examines the judges' considerations in granting marriage dispensation cases, the influence of underage marriage on divorce, and the correlation between the reasons for underage marriage applications being registered and the reasons for divorce. This research is a study that emphasizes community practices regarding underage marriage and its impact on divorce which is reflected in divorce decisions in the Religious Courts. This research approach is empirical juridical to see the relationship between underage marriage and the couple's married life with the judge's legal attitude. The primary research data were obtained from decisions and from interviews with judges who had experience in handling cases of registered marriage applications and divorce cases of underage couples in the Yogyakarta Religious Court and the Bantul Religious Court, and secondary data were obtained from laws and regulations, which became primary legal material. While the theory used as an analytical knife in this study is equity theory (balance theory) and causality theory. The results of this study provide several conclusions, namely: first, judges in giving permission to couples to marry often do not consider the fulfillment of marriage requirements, namely economic, psychological, social, and educational requirements because they focus on the reasons for pregnancy with children or future wives. One example can be seen in decision No.331/Pdt.G/2022/PA.YK where the judge does not question the child's religious differences because the judge focuses on the reason for pregnancy. Second, underage marriages often experience constant disputes and fights caused by immature maturity (psychological factors), lack of education, an unsettled economy because the husband is not working, difficulty finding work and still dependent on parents (economic factors). ), one of the parties is not responsible for his obligations, the presence of a third person (parents who interfere too much in household matters, there is an affair or the presence of another ideal man or woman), and other reasons (drunkenness, the husband pronounces divorce after the marriage ceremony is completed , and apostasy) which then affects divorce. In addition, the judge did not consider in detail the impact that occurred after the case was decided, because the judge was more likely to look at the reasons for pregnancy with the argument to provide the best problems for the child, not on the fulfillment requirements of the parties to enter into a marriage. Third, the results of data analysis show that there is a strong indication that underage marriage applications are recorded as "reasons of pregnancy" which correlates with reasons for divorce. The reasons for divorce identify the problems of immature maturity (psychological factors), immature economy (economic factors), Domestic Violence (KDRT), lack of sense of responsibility, presence of a third person (parents who interfere too much in household matters, presence of infidelity or the presence of another ideal man or woman), constant disputes and fights and other reasons (drunkenness, husband pronouncing divorce after the marriage contract is finished, and apostasy). This can be proven by the divorce that occurred in the couple in decision No. 331/Pdt. G/2022/PA. YK, decision no. 823/Pdt.G/2022/PA. Btl, verdict no. 380/Pdt.G/2022/PA.YK, decision no. 504/Pdt.G/2021/PA. Btl, verdict no. 322/Pdt.G/2020/PA. YK, and Decision No. 678/Pdt.G/2022/PA.Btl.

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