KOMPARASI PERATURAN DISPENSASI PERKAWINAN DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF DI INDONESIA

( Studi Perbandingan antara Hukum Islam terhadap Undang – Undang Nomor 16 Tahun 2019 tentang Perkawinan, dan PERMA Nomor 5 Tahun 2019 tentang Pedoman Mengadili Permohonan Dispensasi Kawin. )

Abstrak

Dispensation of marriage is a relief from a limit (age limit) in making a bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family based on God Almighty.

The problem in this research is how to analyze Islamic law on Law Number 16 of 2019 and Regulation of the Supreme Court of the Republic of Indonesia Number 5 of 2019. To answer this problem the author uses normative juridical research, or library research, with materials primary law in the form of Islamic law, Law no. 16 of 2019 concerning Marriage and Supreme Court Regulation No. 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation and secondary legal materials in the form of Laws and Regulations and Government Regulations relating to marriage dispensation and books, literature, articles, papers, and writings relating to dispensation of marriage, after legal materials are obtained later analyzed descriptively normative which is deductive.

The results of the study found that 1) Law no. 16 of 2019 can be expressed as the spirit of changes to the age limit of marriage in Article 7 paragraph (1) which is carried out so that the party who is going to marry is truly mature in mind and body, 2) Supreme Court Regulation No. 5 of 2019 is a special rule made by the Supreme Court as a form of explanation regarding the procedure for marriage dispensation applications that have not been clearly regulated in Article 7 of Law No. 16 of 2019, 3) Islamic law does not limit the age of marriage for a person, whether male or female, but the provisions of adult marriage in Islamic law can be determined by ihtilam, certain physical signs and age, then, values. maslahat contained in the rules for limiting the age of marriage in Law No. 16 of 2019 is for the benefit of the household.

Keywords: Islamic Law, Marriage Dispensation