Dampak Dari Undang-Undang No.16 Tahun 2019 Tentang Batas Usia Perkawinan Terhadap Dispensasi Perkawinan (Studi Kasus Di Pengadilan Agama Padang Kelas 1 A)

Abstract

The background of the writing of this thesis is the issuance of Law Number 23 of 2002 concerning Child Protection, in Article 1 paragraph (1) what is meant by a child is someone who is not yet 18 (Eighteen) years old. This study uses field research methods. Primary data used by conducting interviews with judges. While secondary data is all information obtained from documents or archives of the Padang Religious Court. The conclusion of this study is first, That the judge's basis in granting a marriage dispensation case refers to the sources of Islamic law, namely the Qur'an and Hadith, then the Compilation of Islamic Law, Law Number 16 of 2019, and Perma Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation. Second, the impact of the issuance of Law Number 16 of 2019 concerning the age limit for marriage has a positive impact on the maturity of the mindset of prospective husbands and wives. However, the negative impact is that marital dispensation increases drastically and increases the age of marriage for women.