DISPENSASI NIKAH DI BAWAH UMUR BERDASARKAN UNDANGUNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN (Studi Putusan Nomor 0009/Pdt.P/2017/PA.Tg)

YULIANI, AISHA NUR RIFKI (2018) DISPENSASI NIKAH DI BAWAH UMUR BERDASARKAN UNDANGUNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN (Studi Putusan Nomor 0009/Pdt.P/2017/PA.Tg). Bachelor thesis, UNIVERSITAS MUHAMMADIYAH PURWOKERTO.

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Abstract

This study aimed to determine the effects of marriage dispensation decree number of 0009/Pdt.P/2017/PA.Tg on children protection, and to know and to understand the judges' consideration on the determination of underage marriage dispensation in decree number of 0009/Pdt.P/2017/PA .Tg at the Tegal Religious Court. This research method used a normative juridical approach. Normative juridical is a method to study the application of rules or norms in positive law. The data collection method used document or literature study and it was added with interviews with informants (Chief Judge in Tegal Religious Court). Furthermore, the data presentation method was presented in the form of a systematic and logical description. Based on the results of this study, it could be concluded that underage marriage in decree number of 0009/Pdt.P/2017/PA.Tg would endanger physical and psychological health for the lives of teenagers. The regulation underlying marriage dispensation is Article 7 section (2) of Law Number 1 of 1974 about Marriage and Compilation of Islamic Law Article 15 section (1). The Child Protection Act has provided legal protection for children who are underage marriage, as stipulated in Article 78, Article 82 and Article 88. The basis used by the Judge of the Tegal Religious Court in determining marriage dispensation is Article 7 section (2) of Law No. 1 of 1974 concerning about Marriage, the Petitioners' Request has been proven to be reasonable and not against the law, therefore the Court agreed to grant and the judge's consideration must also be based on the decree of Islamic Law. From the results of the study the author provide suggestions, those were: first, for those who will perform underage marriages, they should consider its consequences, both positive and negative. Second, in establishing marriage dispensation, the Judge must be more selective and dig deeper into the legal facts found in the trial, in accordance with the decree of the prevailing laws and regulations except in urgent or emergency circumstances

Item Type: Thesis (Bachelor)
Additional Information: Pembimbing: Soediro, S.H., L.L.M.,
Uncontrolled Keywords: Dispensation; Underage Marriage; Dispensasi; Perkawinan Di Bawah Umur;
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Ilmu Hukum
Depositing User: Riski Wismana
Date Deposited: 10 Aug 2019 02:41
Last Modified: 10 Aug 2019 02:41
URI: http://repository.ump.ac.id/id/eprint/9016

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