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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International journal of multicultural and multireligious understanding
2021-08-01
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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 |
work_keys_str_mv |
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