Tinjauan Yuridis Pertimbangan Hakim dalam Memberikan Izin/Dispensasi Menikah pada Anak di Bawah Umur (Studi Putusan Nomor 0139/Pdt.P/2016/PA.Sr)

Pratama, Himawan Roni and , Dr. Rizka, S.Ag., M.H (2020) Tinjauan Yuridis Pertimbangan Hakim dalam Memberikan Izin/Dispensasi Menikah pada Anak di Bawah Umur (Studi Putusan Nomor 0139/Pdt.P/2016/PA.Sr). Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

Marriage comes from the word "marriage" which according to language means forming a family with the opposite sex, having sexual relations or having intercourse. Derived from the word an-marriage which according to language means to collect, enter each other, and wathi or intercourse. Marriage in religious terms is called "Marriage" is to make a contract or agreement to bind oneself between a man and woman to justify sexual relations between the two parties to realize a family life that is filled with love and peace (mawaddah warahmah) by means of ways that are blessed by Allah SWT. In this research regarding the marriage dispensation petition filed by Petitioner I and Petitioner II, the petitioners believe that the conditions for carrying out the marriage both according to Islamic law and the applicable laws and regulations have been fulfilled unless the age requirement for the applicant's child has not reached 18 years 2 months. However, the marriage was very urgent to continue because both of them had been closely related, so the Petitioner was very worried that an act that was prohibited by the provisions of Islamic law would be prohibited if it was not immediately married. One form of problems that arise in marriage is about determining the age limit for getting married. The prospective bride and groom can not enter into a marriage because of their age factor that has not reached the minimum limit set in Article 7 paragraph 1 of Law Number 1 of 1974 concerning Marriage which reads "Marriage is only permitted if the male has reached the age of 19 (nine twelve) years and the woman has reached the age of 16 (sixteen) years ". In the Compilation of Islamic Law (KHI) article 15 paragraph 2 emphasizes that in order to carry out a marriage a person who has not reached the age limit of 21 years must obtain permission as stipulated in article 6 paragraph (2), (3), (4) and (5) of the Act Marriage Law No. 1 of 1974. So the writer wants to know what the judge's consideration in giving permission / dispensation to marry a minor.

Item Type:	Karya ilmiah (Skripsi)
Uncontrolled Keywords:	marriage, juridical review, dispensation.
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	HIMAWAN RONI PRATAMA
Date Deposited:	22 Feb 2020 06:31
Last Modified:	22 Feb 2020 06:31
URI:	http://eprints.ums.ac.id/id/eprint/81624

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