Tindak lanjut penolakan perkawinan karena batas usia bagi calon pengantin di Kec. Seruyan Hilir Dan Seruyan Hilir Timur Kab. Seruyan

Akbar, Lailatus Saidah Fitriah and Maimunah, Maimunah (2022) Tindak lanjut penolakan perkawinan karena batas usia bagi calon pengantin di Kec. Seruyan Hilir Dan Seruyan Hilir Timur Kab. Seruyan. Jurnal Ilmu Syariah dan Hukum (JISYAKU), 1 (1). pp. 41-53. ISSN 2830-6805

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Abstract

This research is motivated by the renewal of the law regarding the minimum age for marriage which was originally 16 years to 19 years for prospective brides, which has led to an increase or increase in underage marriages. Not suppressing the number of underage marriages, but administratively increasing the rejection of underage marriages. Therefore, this study focused on community follow-up in taking steps after their marriage registration was rejected at the local KUA using qualitative research methods, with a sociological juridical empirical legal research type with a statutory approach. The results of the study through the theory of legal certainty, law number 1 of 1974 on changes to law number 16 of 2019 concerning marriage has clear legal certainty, it is said that in article 7 paragraph 1 the age limit for marriage is 19 years. It is stated again in Article 7 paragraph 2 that if there is a deviation from the age referred to in paragraph 1, it is permissible to ask for dispensation in the Court with urgent reasons. Therefore, legal certainty here clearly regulates the age limit for marriage in which people should follow the rules that have
been set by the state. The conclusion in this study is the background of being rejected for marriage registration because it has not reached the age of 19 years and does not complete the administration. The follow-up for the bride and groom after receiving a refusal from the KUA is dispensation for marriage, unregistered marriage and waiting for the age of 19 years.

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