CD-ROM

Dispensasi pengadilan agama dalam perkawinan usia dini (studi di Pengadilan agama Lumajang) (CD + Cetak)

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Dispensation of Religious in the early marriage (Study at the Lumajang
Religious Court). The Marriage Law has determined the foundation and
requirements that should be fulfilled in the marriage. One of them given
in Article 7 Paragraph (1) Law No 1 Year 1974 about marriage stated
“marriage is only permitted if the man has reached 19 (nine teen) years
old and the women 16 years old. One of marriage principles determined in
the Marriage Law is the candidates of husband and wife must be ready in
the body and soul to do marriage, so able to reach the marriage goal well
without ended with divorce and get good and healthy descents. The early
marriage numbers in Lumajang regency dominates compared with other
regencies in East Java including the horseshoe. While the research goals
are to investigate the procedures should be fulfilled when propose the
marriage dispensation at the Religious Court of Lumajang and the judge
consideration in accepting or rejecting the proposal. In the research, the
writer used empirical research type. From the research done at the
Religious Court of Lumajang, then it can be concluded procedures which
have been fulfilled when proposing the dispensation done successively,
first making dispensation proposal of early marriage, giving the proposal
to the sub registrar of Religious Court, pay the case cost down payment,
and waiting for the session. If in proposing the dispensation not suitable
with the procedures or the procedures not fulfilled then the proposal can
not be continued to the next stage. With other words the proposal is
rejected. While the basic consideration for the judges of the Religious
Court of Lumajang in granting the proposal by looking at the applicant
propositions and evidences of the applicant, then the judge also use
Islamic law foundations by looking at the people benefit with principle of
“disadvantages should be removed”. So those that become the judge
consideration of Religious Court of Lumajang in grating the dispensation
proposal for early marriage is the anxiousness of parents for the children
involved in free sex and do something prohibited by religion if not married
soon and the second consideration because the wife candidate is
pregnant so anxious about the will be born baby status. If it is looked from
the benefit side, the judge should grant the proposal of marriage
dispensation. While the judge consideration for the proposal reject
because the applicants who proposed the proposal not present in the
session scheduled by the Religious Court and not pay the down payment
for the case cost. Basically, the causes for the rejection come from the
applicants. The judge consideration to reject the marriage dispensation
proposal by considering the administrative requirements which not
fulfilled by the applicant.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

029 PDT2018 FRA d

Penerbit

Malang : Fakultas Hukum Universitas Merdeka Malang., 2018

Deskripsi Fisik

PDF 1,39 MB

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

029 PDT2018

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

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Info Detail Spesifik

Bibliografi: hal.

Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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