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All Journal El-Mashlahah Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial Khazanah Hukum Sakina: Journal of Family Studies Al-Syakhsiyyah : Journal of Law and Family Studies SAMAWA : Jurnal Hukum Keluarga Islam Kontribusi: Jurnal Penelitian dan Pengabdian Kepada Masyarakat Verfassung: Jurnal Hukum Tata Negara
Mochammad Agus Rachmatulloh
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Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Engineering Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Children's Legal Status in Kediri Religious Court Marriage Dispensation Cases Rachmatulloh, Mochammad Agus; Hikmiyah, Lailiyatul
Media Syari'ah Vol 26 No 1 (2024)
Publisher : Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v26i1.22397

Abstract

Marriage is permitted for those who have fulfilled the marriage requirements as regulated in statutory regulations. Among them, the minimum age for marriage for prospective male and female brides is the same, 19 years. For those who do not meet the minimum age requirements, marriage can still take place after receiving a marriage dispensation from the court. Data shows that there are a lot of requests for marriage dispensation in Indonesia, in fact every year there is a significant increase. The Kediri City Religious Court only has 3 sub-districts, in 2022, 69 marriage dispensation cases will be accepted. The reason that is often given is that the relationship between the prospective bridegroom and the female is very close, parents/guardians are afraid and worried that they will increasingly fall into actions that are contrary to morals or religion, and quite a few of the prospective wives are already pregnant. In adjudicating cases regarding requests for marriage dispensation, the court often considers two disadvantages, which occur as a result of early marriage and if the marriage dispensation is rejected. Interesting, knowing the practice and position of children in conflict with the law in cases of requests for marriage dispensation at the Kediri City Religious Court. The practice of marriage dispensation application cases is in accordance with general civil procedural law and statutory regulations, especially Law Number 16 of 2019, Law Number 23 of 2002, and Supreme Court Regulation Number 5 of 2019. The examination is in accordance with the principles -the principle of children dealing with the law, because every case involving children is required to consider the best interests of the child so that the determination must take an approach to the best interests of the child, which is carried out comprehensively.
Co-Authors Ahmad Wahidi Aji, Michelle Salma Khotom Alfan M, M Ijaz DERMAWAN, RIZKI Dwi Sahputra, Muhammad Arif Fakhria, Sheila Fatma Sari, Rahma Fitria Febianti, Adella Devi Fitroh, Shinta Rohmatul Hidayati, Dian Nur Hikmiyah, Lailiyatul Husnul Yaqin Inderaswari, Siska Fajri Khoiriyah, Mufidatul Kridho Utomo, Muhammad Qoyyum Maulida, Selvia Fitri Mayaningsih, Afifah Ma’mun, Mohamad Mufida, Irfan Muhammad Fajar Sidiq Widodo Mukafi, Moh. Hamdan Mannan Mustofa, Kholifatun Nur Na'mah, Ulin Nafik, Moh Na’mah, Ulin Putri, Kharisma Firda Candra Rizal, Moch. Choirul Waliden, Ibnu Alwaton Surya