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All Journal MADDIKA: Journal Of Islamic Family Law Al-Bayyinah
Pasondong, Udin
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Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Legitimacy of Marriage Dispensation in Religious Courts based on The Law, Judges' Considerations, and Case Decisions Pasondong, Udin; Fachrurrazy, Muhammad; Yusmad, Muammar Arafat; Beddu, Rahmawati
Al-Bayyinah Vol 7, No 2 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i2.4239

Abstract

He age limit for marriage in Indonesia has brought changes to the regulation of the marriage age recognized by the state. The previous marriage law (UU No.1/1974) was reformulated into a new policy setting (UU No.16/2019) regarding marriage in Indonesia. This impacts the legitimacy of resolving legal cases of early marriages that occur, whether they are called early marriages, due to changes in statutory provisions or other problems of marrying by accident by taking legal action called marriage dispensation. Existing studies that respond to the issue of marriage dispensation tend to discuss changes or regulations on marriage dispensation after the birth of new regulations, apart from that, existing studies do not consider marriage at an early age as a legal problem that requires careful legal review. To fill this gap, this study focuses on what questions are the factors that cause requests for marriage dispensation, how judges consider making marriage dispensation decisions and a description of the fairness of legal certainty in decisions on marriage dispensation cases. To answer this question, qualitative research was carried out on the statements of judges in religious courts and observing the results of court case decisions to get a comprehensive picture of the application of age regulation in marriage and the reasons why there are requests for marriage dispensation in court.  From this research it was found that a marriage dispensation is a legal decision made based on the conditions of changes in the age limit in the Marriage Law and the conditions of young couples who are requesting permission to marry. Early marriage factors are caused by various things, data describing family factors, economic factors, and customary factors are the aspects that most influence someone marrying at an early age. The contribution of this research lies in the synchronization between laws, judges' considerations, and case decisions related to marriage dispensations to find harmony between legal norms and social reality.
TINJAUAN HUKUM ISLAM TERHADAP PERMOHONAN DISPENSASI NIKAH PADA PENGADILAN AGAMA PALOPO Pasondong, Udin; Arafat Yusmad, H. Muammar; Beddu, Rahmawati
MADDIKA : Journal of Islamic Family Law Vol. 4 No. 1 (2023): Maddika: Journal Of Islamic Family Law
Publisher : IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v4i1.3635

Abstract

The abstract contains a brief description of the research problem and objectives, methods used, and research results. It is written in two languages, English and Bahasa Indonesia. Key words need to be included to describe the domain of the problem under study and the main terms underlying the implementation of the research. Key words can be single words or a combination of words. Marriage dispensation is an exception to the rules or laws given to the applicant to enter into marriage. In this study the authors discuss the determination of a marriage dispensation application in civil case Number: 45/Pdt.P/2022/Pa.Plp. The problem examined is the basis for the judge's consideration in granting the application for marriage dispensation in civil case Number: 45/Pdt.P/2022/PA.Plp; and How is the review of Islamic law on the application for marriage dispensation in civil case Number: 45/Pdt.P/2022/Pa.Plp. This research is normative research. Where this research will refer to existing literature studies or secondary data used. The method of analyzing data material uses a qualitative method that is presented prescriptively. The results of this study indicate that the basis for the judge's consideration in granting the marriage dispensation application is the existence of urgent reasons. The judge's legal consideration in granting marriage dispensation is article 7 paragraph 2 of Law No.1 of 1974 concerning marriage, in the event of a deviation from the age limit for marriage, you can request dispensation from the Court or other officials appointed by both parents of the male and female parties. The judge's consideration outside the law uses the concept of mashlahah mursalah because the provisions of age limitation and marriage dispensation are not explained in the nash, but the content of the maslahat is in line with the actions of shara' which want to realize the benefit of the applicant (both prospective brides and their families) because there is an urgent matter, namely pregnancy first. Then in terms of adjudicating children related to marriage dispensation based on Supreme Court Regulation number 5 of 2019 concerning Guidelines for adjudicating applications for marriage dispensation.
Co-Authors Arafat Yusmad, H. Muammar Beddu, Rahmawati Fachrurrazy, Muhammad Muammar Arafat Yusmad, Muammar Arafat