STUDI KOMPARASI PENGATURAN DISPENSASI PERKAWINAN ANAK DI INDONESIA DAN BANGLADESH
Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage has substantially renewed the age of marriage to 19 years for boys and girls as a form of government effort in reducing the number of child marriages. However, Article 7 Paragraph (2) actually provides opportunit...
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2023-01-11.
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| Summary: | Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage has substantially renewed the age of marriage to 19 years for boys and girls as a form of government effort in reducing the number of child marriages. However, Article 7 Paragraph (2) actually provides opportunities for child marriages under the age of 19 years. This opportunity is given by the court through the provision of marriage dispensation. Marriage dispensation is also found in Bangladeshi marriage law. Article 19 in Law Number VI of 2017 concerning Bangladesh's Child Marriage Restriction Act states that girls under the age of 18 and boys under the age of 21 can enter into marriage if parental and court approval can be obtained in special circumstances. In the implementation of the granting of marriage dispensation in Indonesia, judges will give it by considering the opinion of the child to be married, while the granting of dispensation by judges in Bangladesh is given without considering the opinion of the child to be married. The purpose of this study is to explain the arrangements for granting dispensation for underage marriages by comparing the arrangements in Indonesia and Bangladesh and how they are implemented. This research is a qualitative research with a normative juridical approach. Solving problems using a statutory approach and a comparative approach with data obtained through a literature study which is described in an analytical descriptive manner. The results of the study show that there is a difference in regulating the dispensation of marriage for minors in Indonesia and Bangladesh. The conclusion of this study shows that regulations in both countries in granting dispensation for marriage to minors are actually contradictory to changes in the rules for the age limit for marriage. |
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| Item Description: | http://repository.upnvj.ac.id/23321/28/ABSTRAK.pdf http://repository.upnvj.ac.id/23321/20/AWAL.pdf http://repository.upnvj.ac.id/23321/22/BAB%201.pdf http://repository.upnvj.ac.id/23321/23/BAB%202.pdf http://repository.upnvj.ac.id/23321/24/BAB%203.pdf http://repository.upnvj.ac.id/23321/25/BAB%204.pdf http://repository.upnvj.ac.id/23321/26/BAB%205.pdf http://repository.upnvj.ac.id/23321/27/DAFTAR%20PUSTAKA.pdf http://repository.upnvj.ac.id/23321/15/RIWAYAT%20HIDUP.pdf http://repository.upnvj.ac.id/23321/17/LAMPIRAN.pdf http://repository.upnvj.ac.id/23321/21/HASIL%20PLAGIARISME.pdf http://repository.upnvj.ac.id/23321/19/ARTIKEL%20KI.pdf |