PERTIMBANGAN HAKIM TERHADAP PERKARA DISPENSASI NIKAH ANAK DI BAWAH UMUR (Studi Kasus Pengadilan Agama Magelang Tahun 2009-2012)

AL IKROMY, DINTA FIKRUN NAJIB AFIF (2013) PERTIMBANGAN HAKIM TERHADAP PERKARA DISPENSASI NIKAH ANAK DI BAWAH UMUR (Studi Kasus Pengadilan Agama Magelang Tahun 2009-2012). Bachelor thesis, UNIVERSITAS MUHAMMADIYAH PURWOKERTO.

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Abstract

Association of young people today feel increasingly free in village or in the city as if there were no rules. This condition makes them easy to fall to the things that are prohibited by religion and social norms in force. As pregnant and ultimately force them to perform marriage at an early age. The marriage laws in force in Indonesia, marriage is only permitted for men who are aged 19 (nineteen) years, while women of 16 (sixteen) years as provisions of article 7 paragraph (1) marriage law. But in paragraph (2) determined that in the case of deviation of the paragraph (1) shall be held dispensation to court. Purpose of this study was to determine the basis of judges in the dispensation granted marriage under religious court Magelang of the year 2009- 2012 and to determine what factors led to the large number of application for marriage dispensations minors in religious courts Magelang from 2009-2012. This study used a normative juridical approach, specifications descriptive study analysis, using primary data sources, secondary and tertiary, and using qualitative data analysis methods normative. The basis of consideration of the religious court judges to grant dispensation Magelang in wedlock child under the presence of disreputation to be removed or if there are two or more disreputation, then it should be taken lighter disreputation level and refer to article 7 paragraph (2) law No. 1 of 1974 concerning marriage, article 15 paragraph (1) and article 53 of the compilation of Islamic law and the rules of fiqh. The factors that led to many applications marriage dispensation under which were the concern of the parents and had become pregnant out of wedlock. The goverment and civil society organizations (CSO) need to provide education and outreach to the public about the ideal minimum age of marriage for someone so parents no longer marry their children at a young age and parents should also fulther enhance children’s knowledge about teaching religion to be used as a guide in his life and improve his morals.

Item Type: Thesis (Bachelor)
Additional Information: Pembimbing: Susilo Wardani, S.H.,S.E.,M.Hum. dan Soediro, S.H.,LL.M.,
Uncontrolled Keywords: Dispensasi nikah dan di bawah umur, Marriage dispensations and underage
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Ilmu Hukum
Depositing User: Riski Wismana
Date Deposited: 07 Jul 2017 03:12
Last Modified: 07 Jul 2017 03:12
URI: http://repository.ump.ac.id/id/eprint/2391

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