Tinjauan Yuridis Penetapan Dispensasi Nikah Studi Di Pengadilan Agama Malang Kelas 1 A

Mursyid, Ahmad (2025) Tinjauan Yuridis Penetapan Dispensasi Nikah Studi Di Pengadilan Agama Malang Kelas 1 A. Undergraduate thesis, Universitas Muhammadiyah Malang.

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Abstract

A marriage dispensation is a special permit granted by the court to couples who have not yet reached the minimum marriageable age as stipulated in Law Number 16 of 2019, which amends Law Number 1 of 1974 on Marriage. Under this latest regulation, the minimum age for marriage is 19 years for both men and women. However, in certain circumstances, parents may apply for a marriage dispensation in court if there are urgent reasons and sufficient evidence. This study aims to understand judges' perspectives on handling marriage dispensation applications at the Religious Court of Malang Class 1A. In practice, judges often face dilemmas as many parties attempt fraudulent acts to obtain marriage dispensation approval. Common forms of fraud include engaging in unregistered (siri) marriage beforehand, falsifying age in official documents, and providing fake pregnancy certificates. These acts place judges in a difficult position when making fair decisions. From the community's perspective, cases of underage marriage dispensation are most prevalent in Kedungkandang District, Malang City. The primary factor contributing to the high number of marriage dispensation applications in this area is the lack of parental supervision and education, leading to uncontrolled social interactions among teenagers.

Item Type: Thesis (Undergraduate)
Student ID: 202110110311019
Keywords: Marriage Dispensation, Judges, Society
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: 202110110311019 ahmadmursyid
Date Deposited: 02 Jun 2025 10:01
Last Modified: 02 Jun 2025 10:01
URI: https://eprints.umm.ac.id/id/eprint/18314

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