Dampak Dispensasi Nikah di Bawah Umur dalam Praktik di Mahkamah Syar’iyah Kuala Simpang

Abstract

A person who is going to get married is obliged to meet the standard or minimum age limit for marriage, namely 19 years for male and female prospective brides (see Article 7 paragraph (1) of Law Number 16 of 2019 concerning Amendments to Law 1 of 1974 concerning Marriage). Marriage dispensation is a grant of leniency or leniency for someone who is about to get married but has not yet reached the age required by law, in this case marriage can be carried out if both men and women are 19 years old. The existence of Law Number 16 of 2019, especially the decisions on cases submitted to the Kuala Simpang Syar'iyah Court after the enactment of the latest law, namely 19 years for men and women, always increases every year. The number of case decisions from 2016-2022 totaled 112 decisions. The title of this thesis is "The Impact of the Underage Marriage Dispensation in Practice at the Kuala Simpang Syar'iyah Court". The formulation of the problem is: 1. What is the practice of underage marriage dispensation at the Syar'iyah Court? Kuala Simpang?, 2. What is the judge's consideration of the case of underage marriage dispensation?, 3. What is the impact of the underage marriage dispensation in practice at the Kuala Simpang Syar'iyah Court?. The type of research used in this research is normative juridical with a case approach. The type of data used by the author is primary data and secondary data. The data collection techniques used by the author are interviews and literature studies. From the results of this research, it can be seen that the practice of underage marriage at the Kuala Simpang Syar'iyah Court from the data and case decisions found is due to, among other things, being pregnant out of wedlock, neighbors talking and having frequent sexual relations. In deciding on cases of dispensation for underage marriage, the judge still considers Law Number 16 of 2019 on cases of dispensation for early marriage. Bearing in mind the judge's consideration that there would be greater harm if the dispensation was not granted. The impact of underage marriage is lack of independence, the burden on parents increases and divorce occurs, giving rise to quarrels, quarrels and clashes.