The Impact Of Child Marriage Dispensation On The Increasing Divorce Rate In Buleleng Regency (Case Study At Singaraja District Court)
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Abstract
This research aims to (1) analyze the factors influencing judges' decisions in granting marriage dispensations to underage individuals and to evaluate the legal implications of such dispensations in accordance with Law Number 16 of 2019 concerning Marriage at the Singaraja District Court. (2) Another objective is to (3) explore the impact of granting dispensations on the divorce rate at the Singaraja District Court. The research methodology employed is empirical legal research with a descriptive approach. Data were collected through observation, interviews, and document analysis, with sample selection using purposive sampling. (1) Data analysis was conducted qualitatively descriptively. The research findings indicate that judges' considerations in granting marriage dispensations to underage individuals are based on proven emergency circumstances during the trial. (2) The legal implications of such dispensations include preventing invalid marriages, reducing the risk of premarital sexual activity, as well as strengthening the marital status and legal protection for children born from such marriages. However, (3) the impact of granting dispensations also encompasses the potential for domestic conflicts and violence leading to divorce, health risks for the children born, and the risk of losing access to
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ARTICLES IN SCIENTIFIC JOURNALS
Purwinarto, HS, & Romadiansyah, B. (2022). Legal Implications of Underage Child Marriage. Legal Standing : Journal of Legal Studies, Vol. 6 (1), pp. 88-97.
Saderi, ABS (2021). Legal Implications of Changes in the Age Limit for Marriage Due to Applications for Marriage Dispensation on the Increase in Divorce Rates at the Religious Court of Pasuruan Regency. Journal of Gender Equality and Justice, 16 (2), 3.
THESIS
Armadan, MH Dispensation of underage marriage after Law No. 16 of 2019 at the Sukabumi City Religious Court (Bachelor's thesis, Faculty of Sharia and Law, UIN Syarif Hidayatullah Jakarta).
Choirunissa, Ayu. 2021. The Impact of Marriage Dispensation on Divorce Rates at Class 1B Religious Courts. Salatiga State Islamic Religious Institution
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Indazen, M. (2023). The Impact of Underage Marriage Applications on Divorce Rates at the Wonosobo Religious Court (2019-2021 Decision Study) (Doctoral dissertation, UIN Prof. KH Saifuddin Zuhri Purwokerto).
Nanda, D., Adnyani, NKS, & Sanjaya, DB (2023). Implications of Granting Marriage Dispensation for Underage Marriage According to Law Number 16 of 2019 Concerning Marriage (Case Study at Singaraja Religious Court). Journal of Sui Generis Law , 3 (2), 24-35.
Tanjung, DP (2022). Implementation of Marriage Dispensation for Underage Marriages at the Pekanbaru Religious Court (Doctoral dissertation, Riau Islamic University).
LEGISLATION
The 1945 Constitution of the Republic of Indonesia
Law Number 48 of 2009 Concerning Judicial Power (State Gazette of the Republic of Indonesia 2009 Number 157, Supplement to the State Gazette of the Republic of Indonesia Number 5676).
Law Number 35 of 2014 concerning Child Protection (State Gazette of the Republic of Indonesia 2014 Number 297, Supplement to the State Gazette of the Republic of Indonesia Number 5606).
Law Number 16 of 2019 concerning marriage (State Gazette of the Republic of Indonesia 2019 Number 186, Supplement to the State Gazette of the Republic of Indonesia Number 6401).
Civil Code
Regulation of the Supreme Court of the Republic of Indonesia Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation.