Madani, Nadea Nur Sofia (2023) Impelementasi Dispensasi Kawin Dibawah Umur Oleh Hakim di Pengadilan Agama Pamekasan. Undergraduate thesis, UPN Veteran Jawa Timur.
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Abstract
Marriage of minors must go through a legal process with a court order. The law aims to maintain order and social engineering, therefore the dispensation of marriage is an advance towards controlling the practice of underage child marriage that often occurs in society, so that underage child marriage events in the future have legal certainty, so this practice must be carried out through the courts. In reality, after the change in the minimum age for marriage to 19 years and followed by the enactment of Supreme Court Regulation Number 5 of 2019, requests for dispensation from marriage in religious courts have increased. This research uses the empirical juridical legal research method or the type of sociological legal research or also field research, namely studying the applicable legal provisions and what happens in society. The legal materials used in this research are primary legal materials, secondary legal materials, and tertiary legal materials. The method of collecting data in this study is to use semi-structured interview techniques, observation and documentation. The method of data analysis in this study is descriptive qualitative with an inductive mindset. The results of this study explain how the application of marital dispensation by judges at the Pamekasan Religious Court and what are the obstacles encountered in applying for marital dispensation and what solutions are provided regarding marital dispensation, especially at the Pamekasan Religious Court which is based on PERMA Number 5 of 2019 considering the purpose of The PERMA is intended to be even more restrictive in adjudicating and deciding cases of marriage dispensation.
| Item Type: | Thesis (Undergraduate) | ||||||||
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| Subjects: | K Law > K Law (General) | ||||||||
| Divisions: | Faculty of Law | ||||||||
| Depositing User: | Nadea Nur Sofia Madani | ||||||||
| Date Deposited: | 31 May 2023 04:08 | ||||||||
| Last Modified: | 31 May 2023 04:08 | ||||||||
| URI: | http://repository.upnjatim.ac.id/id/eprint/14201 |
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