最高法院2019年第5号令第8条关于婚姻豁免申请与案件审查的司法分析——以简单、快捷、低成本为原则进行审查

Fox Justi, Cut Auliani, Nelvitia Purba
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摘要

婚姻豁免是指法院向尚未达到结婚年龄的准丈夫或准妻子颁发结婚许可证。印度尼西亚的结婚年龄限制最初由1974年第1号法律规定,即男子必须年满19岁,女子必须年满16岁。印度尼西亚的结婚年龄限制是为了根据社区的文化来规范和保障社区的利益。本文提出的问题有:1)法律是如何适用的,制约未成年人婚姻滥用的因素是什么。2)如何审查2019年最高法院第5号令第八条关于申请婚姻豁免的快速、简单、低成本原则这种法律研究方法是规范司法,即以与主题相关的理论、概念、法理和法律法规的形式进行研究,以获取材料。男人和女人如果想结婚,必须在身体上、精神上和身体上都成熟,这样当他们结婚时,他们才能建立一个美好的婚姻而不离婚。年龄不足的,必须申请结婚豁免,并且必须得到两个准新娘和年龄不足的新娘和新郎的父母的同意。这是符合第1号法律的。第1号法律,并已更新为2019年第16号法律。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
JURIDICAL ANALYSIS OF THE SUPREME COURT REGULATION NUMBER 5 YEAR 2019 ARTICLE 8 CONCERNING APPLICATIONS AND CASE EXAMINATION IN MARRIAGE DISPENSATION REVIEWING FROM SIMPLE, QUICK AND LOW COST PRINCIPLES
Marriage dispensation is the granting of a marriage permit by the court to a prospective husband or wife who is not yet old enough to marry. The age limit for marriage in Indonesia was originally regulated in Law No. 1 of 1974, namely if the man was 19 years old and the woman was 16 years old. The age limit for marriage in Indonesia is set so that it can regulate and guarantee the interests of the community in accordance with the culture of the community.The formulation of the problem in this paper are: 1) how is the application of the law, the factors constraining the abuse of underage marriage. 2) how to review the principle of fast, simple, and low cost of the Supreme Court Regulation No. 5 of 2019 Article 8 concerning the Application for Marriage DispensationThis legal research method is normative juridical, namely research to be carried out to obtain materials in the form of theories, concepts, legal principles and legal regulations related to the subject matter. men and women must have maturity both physically and mentally and physically if they want to get married so that when they get married they can build a good marriage without divorce. are not old enough, they must apply for a marriage dispensation and must be with the approval of the two prospective brides and also the parents of the bride and groom who are not old enough. This is in line with Law no.1 of 1974 and has been updated to become Law N0.16 of 2019.
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