TANPA DISPENSASI KAWIN DALAM PERKAWINAN DI BAWAH UMUR (Studi Di Desa Empang Benao Kecamatan Pamenang Kabupaten Merangin Provinsi Jambi)

Gunawan Sayuti, S.H, NIM.: 22203011036 (2024) TANPA DISPENSASI KAWIN DALAM PERKAWINAN DI BAWAH UMUR (Studi Di Desa Empang Benao Kecamatan Pamenang Kabupaten Merangin Provinsi Jambi). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This thesis examines underage marriage without marriage dispensation in Empang Benao Village, Pamenag District, Merangin Regency, Jambi Province. There is evidence that the community in Empang Benao Village, Pamenang District, Merangin Regency, Jambi Province, practices underage marriages without obtaining marriage dispensation from the Religious Court. The data collected by the researcher indicates that the community justifies this practice under Islamic law and lacks awareness of the legal regulations regarding the minimum age for marriage and the administrative process for applying for marriage dispensation. Therefore, the author is interested in studying this issue using the legal consciousness theory to determine whether legal awareness among the community is a contributing factor to their failure to seek marriage dispensation. This study employs a field research approach to answer the research questions, using an empirical legal approach with the legal consciousness theory proposed by Soerjono Soekanto. The thesis adopts a qualitative method, where primary data collection involves observation and interviews, while secondary data is gathered from various sources to complement the research needs. The research reveals that the legal awareness among underage marriage participants in seeking marriage dispensation is low. Although they have knowledge of legal matters, their understanding, legal attitude, and behavior are inadequate. This lack of legal awareness is influenced by the failure of the parties involved to adhere to the rules for applying for marriage dispensation from the Religious Court. Additionally, the lack of knowledge and insight, low education levels, and insufficient socialization from the Religious Affairs Office (KUA) and local government contribute to the occurrence of underage marriages without dispensation. Several factors contribute to the failure to seek marriage dispensation: administrative, preventive, and educational. This is due to the limited knowledge and understanding of prospective brides and grooms and parents in Empang Benao Village regarding the laws governing marriage, along with societal views on marriage within Islam. The distance to the Religious Court, 2 hours on the way, as well as the associated costs and lengthy legal process, are also deterrents. These issues are undesirable for the community in Empang Benao Village, leading them to engage in underage marriages without seeking marriage dispensation.

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