RESISTANSI PADA DISPENSASI PERKAWINAN DI PENGADILAN AGAMA WONOSARI (ANALISIS PENETAPAN NOMOR: 243/PDT.P/2022/PA.WNO)

M. Hanafi Abiyahya, NIM.: 20103050089 (2024) RESISTANSI PADA DISPENSASI PERKAWINAN DI PENGADILAN AGAMA WONOSARI (ANALISIS PENETAPAN NOMOR: 243/PDT.P/2022/PA.WNO). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (RESISTANSI PADA DISPENSASI PERKAWINAN DI PENGADILAN AGAMA WONOSARI (ANALISIS PENETAPAN NOMOR: 243/PDT.P/2022/PA.WNO)) 20103050089_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (3MB) | Preview
	Text (RESISTANSI PADA DISPENSASI PERKAWINAN DI PENGADILAN AGAMA WONOSARI (ANALISIS PENETAPAN NOMOR: 243/PDT.P/2022/PA.WNO)) 20103050089_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (3MB) | Request a copy

Abstract

Early marriage is a marriage carried out by the two prospective brides who are still under the age of 19. In Indonesia, in 2022, there were 50,673 applications for marriage dispensation. In Yogyakarta alone, in 2022, there were 662 cases of early marriage through marriage dispensation, while Gunung Kidul Regency found a total of 171 cases of marriage dispensation on the grounds of avoiding adultery, promiscuity, and even pregnancy outside of marriage. The majority of applications for marriage dispensation at the Wononosari Religious Court were accepted by the judges, but there were applications that were rejected, one of which was the application for Case Number 243/Pdt.P/2022/PA. Wno. The rejection of the application was because there was no urgent reason. Based on the case, the author researched the judge's consideration of rejecting and determining case Number 243/Pdt.P/2022/PA. Wno is reviewed from the legal objective. This library research was carried out in Determination Number 243/Pdt.P/2022/PA. Wno with descriptive-analytical research. The source of this research data uses the results of interviews with judges and the determination of the Wonosari Religious Court Number 243/Pdt.P/2022/PA. WNO is supported by literature of books, journals or other documents. The data obtained in this study were analyzed qualitatively based on a deductive method with a juridical-normative approach. The results of this study show that marriage dispensation can have legal consequences. The legal consequences caused by underage marriage are vulnerable to divorce. Factors that cause divorce due to underage marriage include psychological and economic factors. In case Number 243/Pdt.P/2022/PA. Wno regarding the marriage dispensation of the case was rejected by the panel of judges because it had not reached the age of marriage of 19 years, and was not sufficiently urgent reason, so it should be rejected. Viewed from the perspective of legal justice, this determination fulfills the values of normative justice and the constitution. As for the legal usefulness, this determination refers to the psychological, economic and health readiness of both parties. Meanwhile, in terms of legal certainty, this determination implements Article 7 paragraph 1 of Law Number 16 of 2019 amendments to Law Number 1 of 1974 concerning the age limit for marriage.

Share this knowledge with your friends :

Actions (login required)

View Item