JURNAL HUKUM ISLAM
Vol 19 No 1 (2021)

Marriage Dispensation Since the Decision of the Constitutional Court Number 22/Puu-Xv/2017

Kania, Dede (Unknown)
Fatoni, Siti Nur (Unknown)
Afriansyah, Mochammad Rizky (Unknown)
Kusmayanti, Hazar (Unknown)



Article Info

Publish Date
17 Jun 2021

Abstract

The decision of the Constitutional Court No.22/PUU-XV/2017, leaves a problem regarding marriage dispensations in the Religious Courts, namely the increasing amount of marriage dispensations.This study discusses the high amount of case for marriage dispensation, the role of the judges on tightening marriage dispensation procedures and the impact of the Constitutional Court Decision No.22/PUU-XV/2017 on the Determination of Marriage Dispensation at the Indramayu Religious Court in 2016-2019. This research uses the empirical juridical method. Collecting data using interviews and documentation. The results show that several aspects have affected the high amount of case for marital dispensation, among others: promiscuity, lack of basic religious education, cultural factors, poverty and low levels of education. The role of the Indramayu Religious Court of Judges on tightening the marriage dispensation procedure, i.e: looking at the truth of the background to the marriage dispensation application and checking the Legality of Birth Certificate and Income Certificate from the Village Head. Constitutional Court Decision No. 22/PUU-XV/2017 which became the basis for the determination of Law no. 16 of 2019 concerning the age limit for marriage of 19 years for men and women, was not effectively implemented toward the Marriage Dispensation at the Indramayu Religious Court in 2016-2019.

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Journal Info

Abbrev

jhi

Publisher

Subject

Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Hukum Islam (JHI) (ISSN: 1829-7382 and E-ISSN: 2502-7719) is a peer-reviewed journal published biannually (in June and December) by the Faculty of Sharia, Institut Agama Islam Negeri Pekalongan, Indonesia. The journal specializes in Islamic law studies, including Islamic family law, Islamic ...