DISPENSASI NIKAH DALAM PENETAPAN HAKIM PENGADILAN AGAMA AMUNTAI (STUDI PENETAPAN PENGADILAN AGAMA AMUNTAI TAHUN 2022)

Ahdiyatul Hidayah, S.H., NIM.: 21203011075 (2023) DISPENSASI NIKAH DALAM PENETAPAN HAKIM PENGADILAN AGAMA AMUNTAI (STUDI PENETAPAN PENGADILAN AGAMA AMUNTAI TAHUN 2022). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 states that men and women may carry out marriage if they are 19 years old. The change in the age of marriage aims to minimize the occurrence of underage marriage and it is expected that married couples are really able to live a domestic life. But in reality, there are still many parents who apply for dispensation to the Court. This is due to the weak economy of parents, low education, promiscuity, social media, parents' desire for children to get married quickly and the most often encountered is because they have had a relationship like husband and wife to cause the woman to get pregnant. Therefore, those who are not yet 19 years old must apply for dispensation to the Court with strong evidence and reasons. Before giving a decision, the judge must have many considerations, because they look at it from the side of expediency or glory. And the problem is what is the attitude and basis of the Amuntai Religious Court judges in deciding which marriage dispensation applications are granted or rejected. The type of research conducted by the author is field research (Field Research), with qualitative methods, the nature of this research is analytical descriptive research, the approach used by the compiler is an empirical juridical approach. And to further trace the issue of marriage dispensation, the author uses the theory of legal effectiveness by ILawrence M. Friedman. This theory can target how public knowledge of the marriage age rules dominates the increase in marriage dispensation, as well as how the historicity of knowledge that covers the judge's mindset towards his attitude or basis in deciding cases of marriage dispensation that are granted or rejected. To answer all these problems, the author uses observation, interview and documentation methods. The results showed that the increasing number of cases requesting marriage dispensation in the Amuntai Religious Court was caused by the weak economy of parents, the desire of parents for children to marry quickly for fear of not selling, low education, a free environment that is not controlled by parents, the influence of social media, and most often encountered because having sex resulted in pregnancy before marriage. The reasons for filing a marriage dispensation case at the Amuntai Religious Court are very varied, such as, getting pregnant before marriage, the desire of the two, loving each other, wanting to have each other, arranged marriage and some are inspired by friends wanting to get married soon even though they are still young. In deciding whether or not marriage is permissible, judges always rely on the guidelines of Law Number 1 of 1974, Law Number 16 of 2019, PERMA Number 5 of 2019, the book of the Qur'an, as Sunnah and look at the benefits and benefits that will befall.

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