Jurnal Konstitusi
Vol 17, No 2 (2020)

Relevansi Putusan Mahkamah Konstitusi Nomor 22/PUU-XV/2017 dalam Upaya Mencegah Perkawinan Usia Anak

Ilhami, Haniah (Unknown)



Article Info

Publish Date
19 Aug 2020

Abstract

This research concludes that the Constitutional Court Decision Number 22 / PUU-XV / 2017 which mandates the legislators to revise the age-limit of marriage, is irrelevant in preventing child-age marriages. Indonesian marriage legal system continues to open up opportunities for deviations of the principle of age-limit of marriage  through Dispensation of Marriage. This research finds the juridical development on Dispensation of Marriage on the type of marriage requiring Dispensation of Marriage, the applicant of Dispensation of Marriage, the authority to provide Dispensation of Marriage, and the administrative requirements to submit the Dispensation. Based on these developments, several factors that cause irrelevancy of the Constitutional Court Decision Number 22 / PUU-XV / 2017 in preventing child-age marriages are the absence of specific requirements in the application of Dispensation of Marriage to the court, the existence of the Principle of Freedom in procedural law, the voluntary nature attached in the request for Dispensation of Marriage, as well as the extension of provisions of applicants who can submit an application to the court.

Copyrights © 2020






Journal Info

Abbrev

jk

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Constitutional Law and another ...