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All Journal Journal of Sharia (JOSH)
Ahmad Nailul Mubarok
Unknown Affiliation
Social Sciences

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Putusan Hakim Mahkamah Agung tentang Dispensasi Kawin (Dispensasi Kawin dalam Sistem Hukum Indonesia) Ahmad Nailul Mubarok; R. Zainul Mushthofa
JOSH: Journal of Sharia Vol. 3 No. 02 (2024): Vol.03 No. 02 (Juni) 2024
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v3i02.930

Abstract

This article discusses the process of examining marriage dispensation cases prior to and following the enactment of Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Cases. This paper was written using a qualitative research method, specifically normative and empirical juridical approaches. According to the findings of this study, the provisions of Supreme Court Regulation Number 5 of 2019 have explicitly regulated several things that are not specifically regulated in the formal and material rules governing marriage dispensation. The adoption of this regulation is anticipation and standardization for judges in making legal decisions so that court decisions pay more attention to the best interests of children when granting a marriage dispensation application.
Putusan Hakim Mahkamah Agung tentang Dispensasi Kawin (Dispensasi Kawin dalam Sistem Hukum Indonesia) Ahmad Nailul Mubarok; R. Zainul Mushthofa
JOSH: Journal of Sharia Vol. 3 No. 02 (2024): Vol.03 No. 02 (Juni) 2024
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v3i02.930

Abstract

This article discusses the process of examining marriage dispensation cases prior to and following the enactment of Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Cases. This paper was written using a qualitative research method, specifically normative and empirical juridical approaches. According to the findings of this study, the provisions of Supreme Court Regulation Number 5 of 2019 have explicitly regulated several things that are not specifically regulated in the formal and material rules governing marriage dispensation. The adoption of this regulation is anticipation and standardization for judges in making legal decisions so that court decisions pay more attention to the best interests of children when granting a marriage dispensation application.
Co-Authors Mushthofa, R. Zainul