Abstract

This research aims to show the results of the issuance of Law No. 16 of 2019 and the increasing application for marriage dispensation at the Kotamobagu PA. Underage marriage is a common thing in society. Many things are a factor in underage marriage, one of which is pregnancy outside of marriage and is considered to approve the proposed marriage dispensation. This research is field research located in PA Kotamobagu. The results obtained are that although the issuance of Law Number 16 of 2019, cases of underage marriages are even increasing. This case is evidenced in PA Kotamobagu. In 2020 the application for marriage dispensation was higher than the previous year. One of the reasons for submitting a marriage dispensation made by the community is a pregnant woman out of wedlock, so the judge must approve the proposed marriage dispensation. In other words, this law has no impact on suppressing the number of underage marriages, and the increased age limit has increased the dispensation for marriage.

Highlights

  • One of the most critical factors in preparing for marriage is age (Iqbal, 2020)

  • This law has no impact on suppressing the number of underage marriages, and the increased age limit has increased the dispensation for marriage

  • This study uses the analytical technique of Miles and Huberman (1994), where the researcher collects data in the field in the form of data on the determination of marriage dispensation approved by the Kotamobagu PA judge

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Summary

Introduction

One of the most critical factors in preparing for marriage is age (Iqbal, 2020). Because someone will determine whether he is mature enough to act and act, marriage requires every candidate to have a mature attitude. Unless other factors cause them to marry early, marriage is related to pregnancy; it is necessary to pay attention to her physical and mental maturity She can carry out her duties as a wife and as much as possible pay attention to the duties of a mother. Women who enter the age of nine years and have entered the stage of menstruation (menstruation) are declared baligh, and men if they enter fifteen years and are followed by dreams of jimaHa' (Hakim, 2000). This problem is a problem in Indonesia. In terms of limiting the age for marriage, the government provides limitations in Law Number 16 of 2019 concerning marriage where men and women must enter the age of 19 years to get married so that the restrictions on the age of Marriage from Islamic Law and the Law are different

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