Problems of Conflict of Norms in Judges^ Decisions on Marriage Dispensation
Kattya Nusantari Putri, Arvin Hamid, Hasbir Paserangi, Oky Deviany

Hasanuddin University

Abstract

The Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage are related to the age of marriage, the prospective groom and the prospective bride are only allowed to marry as long as they have reached the age of 19 (nineteen) years, if there is a deviation from the stipulated age, then the new marriage can take place after receiving a dispensation from the court. This study aims to design how the regulations related to marriage in particular can reduce the divorce rate, especially the underage divorce rate. The method used is a normative research method which looks at the applicable laws and regulations and their implementing regulations. The results of the analysis show that due to changes in the age limit of prospective brides and grooms from the old to the new legislation, it shows that the number of applications for dispensation of marriage is increasing and the number of underage divorces has increased, so there is a need for regulations to be the handle of judges in determine the appropriateness and readiness of the applicant for marriage.

Keywords: Dispensation of Marriage, Minors, Religious Courts, Marriages.

Topic: Human Rights