Jurisdictional Implications Vagueness of Marriage Dispensation Norms in Law Number 16 Year 2019

Regulations for the minimum age for marriage and dispensation in the national marriage law have changes because they are not in accordance with the development of society. This study proposes to analyze and find criteria for limiting dispensation to marriage that contains vagueness that can lead to...

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Main Authors: Dyah Retno Wahyuningrum, Suhariningsih Suhariningsih, Rachmi Sulistyorini
Format: Article
Language:English
Published: International journal of multicultural and multireligious understanding 2021-08-01
Series:International Journal of Multicultural and Multireligious Understanding
Subjects:
age
Online Access:https://ijmmu.com/index.php/ijmmu/article/view/2926
id doaj-b39ebb50cd0e4243842eadbf85483e66
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spelling doaj-b39ebb50cd0e4243842eadbf85483e662021-08-19T17:41:16ZengInternational journal of multicultural and multireligious understandingInternational Journal of Multicultural and Multireligious Understanding2364-53692364-53692021-08-018755957810.18415/ijmmu.v8i7.29261953Jurisdictional Implications Vagueness of Marriage Dispensation Norms in Law Number 16 Year 2019Dyah Retno Wahyuningrum0Suhariningsih Suhariningsih1Rachmi Sulistyorini2Master of Notary Students, University of BrawijayaLecturer of the Faculty of Law, University of BrawijayaLecturer of the Faculty of Law, University of BrawijayaRegulations for the minimum age for marriage and dispensation in the national marriage law have changes because they are not in accordance with the development of society. This study proposes to analyze and find criteria for limiting dispensation to marriage that contains vagueness that can lead to legal uncertainty and juridical implications of norm blur related to marriage dispensation regulation. The research method used in this study is normative juridical legal research, the approach method used is prescription legislation and conceptual and case approaches. From the results of the research and discussion it can be concluded first: Criteria for limiting dispensation to marriage with very urgent reasons accompanied by supporting evidence according to Article 7 paragraph (2) of the Marriage Law is a vague legal norm, even though the intention of the legislators is reflected in the Academic Paper, the very urgent reason is a condition that the prospective bride is pregnant and has been proven by a certificate from a health worker. Meanwhile, the formulation of the norm of Article 7 paragraph (2) does not mention pregnancy as a requirement. Second: The juridical implication of the vagueness of norms regarding dispensation of marriages results in the dispensation of court rulings.https://ijmmu.com/index.php/ijmmu/article/view/2926marriageagedispensation
collection DOAJ
language English
format Article
sources DOAJ
author Dyah Retno Wahyuningrum
Suhariningsih Suhariningsih
Rachmi Sulistyorini
spellingShingle Dyah Retno Wahyuningrum
Suhariningsih Suhariningsih
Rachmi Sulistyorini
Jurisdictional Implications Vagueness of Marriage Dispensation Norms in Law Number 16 Year 2019
International Journal of Multicultural and Multireligious Understanding
marriage
age
dispensation
author_facet Dyah Retno Wahyuningrum
Suhariningsih Suhariningsih
Rachmi Sulistyorini
author_sort Dyah Retno Wahyuningrum
title Jurisdictional Implications Vagueness of Marriage Dispensation Norms in Law Number 16 Year 2019
title_short Jurisdictional Implications Vagueness of Marriage Dispensation Norms in Law Number 16 Year 2019
title_full Jurisdictional Implications Vagueness of Marriage Dispensation Norms in Law Number 16 Year 2019
title_fullStr Jurisdictional Implications Vagueness of Marriage Dispensation Norms in Law Number 16 Year 2019
title_full_unstemmed Jurisdictional Implications Vagueness of Marriage Dispensation Norms in Law Number 16 Year 2019
title_sort jurisdictional implications vagueness of marriage dispensation norms in law number 16 year 2019
publisher International journal of multicultural and multireligious understanding
series International Journal of Multicultural and Multireligious Understanding
issn 2364-5369
2364-5369
publishDate 2021-08-01
description Regulations for the minimum age for marriage and dispensation in the national marriage law have changes because they are not in accordance with the development of society. This study proposes to analyze and find criteria for limiting dispensation to marriage that contains vagueness that can lead to legal uncertainty and juridical implications of norm blur related to marriage dispensation regulation. The research method used in this study is normative juridical legal research, the approach method used is prescription legislation and conceptual and case approaches. From the results of the research and discussion it can be concluded first: Criteria for limiting dispensation to marriage with very urgent reasons accompanied by supporting evidence according to Article 7 paragraph (2) of the Marriage Law is a vague legal norm, even though the intention of the legislators is reflected in the Academic Paper, the very urgent reason is a condition that the prospective bride is pregnant and has been proven by a certificate from a health worker. Meanwhile, the formulation of the norm of Article 7 paragraph (2) does not mention pregnancy as a requirement. Second: The juridical implication of the vagueness of norms regarding dispensation of marriages results in the dispensation of court rulings.
topic marriage
age
dispensation
url https://ijmmu.com/index.php/ijmmu/article/view/2926
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AT suhariningsihsuhariningsih jurisdictionalimplicationsvaguenessofmarriagedispensationnormsinlawnumber16year2019
AT rachmisulistyorini jurisdictionalimplicationsvaguenessofmarriagedispensationnormsinlawnumber16year2019
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