Jurnal Hukum Islam
Vol 19 No 1 (2021)

Marriage Dispensation Post The Decision Of The Constitutional Court No. 22/PUU-XV/2017

Dede (UIN Sunan Gunung Djati Bandung)
Siti Nur Fatoni (UIN Sunan Gunung Djati Bandung)
Hazar Kusmayanti (Padjadjaran University)
Mochammad Rizky Afriansyah (UIN Sunan Gunung Djati Bandung)



Article Info

Publish Date
01 Apr 2021

Abstract

Underage marriage in Indonesia especially in West Java has increased significantly, reported from the underage marriage research in 2016 West Java has the second highest rate of 15-18 years old teenage marriages with the percentage of 50.2%. Around the year of 2016-2019, The Religious Courts of Indramayu received 1,235 cases of marriage dispensation that it was recorded as The Religious High Court to handle the highest number of marriage dispensation cases in West Java. The purpose of this research is to discover the aspects that affects the high number of marriage dispensation cases, roles of the panel of judges tightening the marriage dispensation procedures, and the effects of The Decision of The Constitutional Court No. 22/PUU-XV/2017 to the Resolution of Marriage Dispensation in The Religious Court of Indramayu in 2016-2019. This research uses the Normative Juridical method. Results of this research first, aspects that affects the high number of marriage dispensation that is as a result of promiscuity, the lack of basic religious education, internet, cultural, and economical influence, low education grade. Secondly, the role of The Religious Court of Indramayu’s Panel of Judges tightening the marriage dispensation procedures focused on the reasons, so that the validity of the background be known and to keep checking the legality of the income and pregnancy certificate. Thirdly, effects of The Decision of The Constitutional Court No. 22/PUU-XV/2017 to marriage dispensations in The Religious Court of Indramayu in 2016-2019 that the effect is not optimal. Therefore, it is concluded that The Decision of The Constitutional Court No. 22/PUU-XV-2017 cannot be implemented effectively.

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Journal Info

Abbrev

jhi

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Focuses on the issue of study Contemporary Islamic Law practices in Indonesia by multidisciplinary approach. This Journal specializes in studying the theory and practice of various topics are Islamic family law, Islamic criminal law, Islamic constitutional law, Islamic private law, Islamic economic ...