Pelaksanaan Dispensasi Perkawinan di Pengadilan Agama (PA) Pangkalan Kerinci Kabupaten Pelalawan Berdasarkan Undang-Undang Nomor 16 Tahun 2019 Tentang Perubahan Atas Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan

Azani, Muhammad and Basri, Hasan and Rinaldi, Aurora and Nibrasullah, Nibrasullah (2023) Pelaksanaan Dispensasi Perkawinan di Pengadilan Agama (PA) Pangkalan Kerinci Kabupaten Pelalawan Berdasarkan Undang-Undang Nomor 16 Tahun 2019 Tentang Perubahan Atas Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan. Pagaruyuang Law Journal, 7 (1). pp. 40-51. ISSN 2580-698x

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Abstract

The formulation of the problem that the author summarizes in this study is how are the implementation, obstacles, and efforts to overcome obstacles in implementing the Dispensation of Marriage at the Pangkalan Kerinci Religious Court, Pelalawan Regency based on Law Number 16 of 2019? The aim of the research was to find out the implementation, obstacles, and efforts to overcome obstacles to the Dispensation of Marriage at the Pangkalan Kerinci Religious Court, Pelalawan Regency based on Law Number 16 of 2019. The research method used was a field study with the type of sociological legal research. The results of the research show that the marriage dispensation at the Pangkalan Kerinci Religious Court, Pelalawan Regency, is a request for marriage dispensation submitted in voluntary form, meaning that there is no dispute between the litigants. Marriage dispensation from the Religious Courts is a decision in the form of a dispensation stipulation for prospective brides who have not reached the age of 19 for both men and women. In general, because one of the candidates, either wife or husband, is less than 19 years old. Obstacles in filing marital dispensation cases that occurred at the Pangkalan Kerinci Religious Court were the factors of non-fulfillment of the legal standing of the parties in filing marital dispensation cases which resulted in the proposed marital dispensation cases not being able to proceed based on Article 6 Perma Number 5 of 2019, while the lack of evidence , The judge considered that the Petitioners could not provide sufficient evidence to support their arguments regarding the urgent situation, so that the decision was declared rejected. Efforts to Overcome Obstacles in the Implementation of Marriage Dispensation at PA Pangkalan Kerinci Pelalawan Regency related to obstacles not being fulfilled by the applicant's legal status, In case Number 10/Pdt.P/2020/PA.Pkc, the judge's decision will read that the applicant's request is declared unacceptable (NO) which means that the case contains a formal defect. Efforts to overcome obstacles to the lack of evidence are to provide opportunities for improvement by the applicant by re-submitting a new application and completing or correcting the lack of evidence that occurred in the previous application.

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