Juridical Analysis Of The Refusal Of Marriage Dispensation In The Case Of Siri Marriage (Determination of The Case of The Kasongan National Court No. 20/rev.p/2021/pa.Ksn)

Rahmayani, Rahmayani and Helim, Abdul and Soeradji, Elvi (2022) Juridical Analysis Of The Refusal Of Marriage Dispensation In The Case Of Siri Marriage (Determination of The Case of The Kasongan National Court No. 20/rev.p/2021/pa.Ksn). Proceedings, 8 (1). pp. 9-26.

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Abstract

The Judges while giving provisions in case 20/Pdt.P/2021/PA.Ksn with the type of Marriage Dispensation case decided the petitioner’s application to be legally inadmissible based on the facts obtained before the trial court. To obtain a solution, it is important to conduct a study by juridically analyzing the rejection of the marriage dispensation in the case of Siri marriage. The author details it in the sub-study, namely the Dispensation of Marriage; Denial of the Marriage Dispensation due to Siri's Marriage. Using a qualitative approach to the type of research library research. It is carried out by looking for references related to the Marriage Dispensation from journal articles, books, and legislation in printed and electronic form and analyzed based on the theory of justice, certainty, and the expediency of law and sharia maqasid. The findings of this study are that Marriage Dispensation is an initiative for those who wish to marry but do not meet the minimum age of marriage set by the Government, and parents with children of insufficient age may first apply for marriage in the Religious Courts. Denial of case number 20/Pdt.P/2021/PA.Ksn because Siri marriage negatively affects the spouse and offspring because the marriage cannot be defective according to state law.

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