The Relevance of Marriage Dispensation in Preventing the Harmful Impact of Early Marriage on Women in Semarang City
DOI:
https://doi.org/10.30659/icls.v6i1.53964Keywords:
Dispensation, Early, Marriage, Relevance.Abstract
Marriage requires emotional maturity and economic stability so that husband and wife are able to create a harmonious family. The existence of early marriages that often result in divorce makes the goal of marriage unable to be realized. Marriage dispensation is needed to control the increasing problem of early marriage and its consequences. However, marriage dispensation in Semarang City has not been running as expected. This study aims to determine and analyze the implementation of marriage dispensation as an effort to reduce the divorce rate in early marriages in Semarang City today. The study in this article aims to determine and analyze the obstacles and solutions in the problem of implementing marriage dispensation as an effort to reduce the divorce rate in early marriages in Semarang City today. The theories used are the theory of the legal system and the theory of law enforcement according to Islam. The research method used in this article is a type of analytical descriptive legal research. Based on the existing findings, it can be seen that the implementation of marriage dispensation as an effort to reduce the divorce rate in early marriages in Semarang City is currently not running effectively, this is because granting dispensation seems easy so that the number of early marriages in Semarang City is increasing. So, with the granting of marriage dispensation, even though it is permitted by law, judges should not easily issue marriage dispensation products, so caution is needed by providing more advice about the nature of marriage or the problems that will be faced when entering the real world of family.
References
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Ahmad Ali MD, “Keadilan Hukum Bagi Orang Miskin,” Jurnal Mimbar Hukum dan Keadilan, (Jogjakarta) Edisi 1, 2012
Gunarto dan Dhona Anggun Sutrisna, Tinjauan Yuridis Tentang Pemilikan Rumah Orang Asing Yang Berkedudukan Di Indonesia, Jurnal Akta, Vol. 4 No. 2 Juni 2017
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Idris Ramulyo, 1996, Hukum Perkawinan Indonesia, Jakarta, Budi Aksara
Sugiono, 2009, Metode Penelitian Kuantitatif, Kualitatif dan R&D, Alfabeta, Bandung
Interview:
Rohmad Ariadi,Chairman of the Semarang City Religious Court, Electronic Interview, Semarang City, May 3, 2022
Regulation:
Presidential Instruction Number 1 of 1991 Concerning the Compilation of Islamic Law
Number 35 of 2014 Concerning Amendments to Law Number 23 of 2002 Concerning Child Protection
Supreme Court Regulation Number 5 of 2019 Concerning Guidelines for Adjudicating Marriage Dispensation Applications
The 1945 Constitution of the Republic of Indonesia
Law Number 1 of 1974 concerning Marriage
Internet:
https://jatengprov.go.id/publik/jokawin-bocah-tekan-pernikahan-dini-di-jateng/, accessed on May 12, 2022
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