复婚豁免的申请及其与儿童保护的关系(以沃诺索博宗教法院管辖为例)

Nila Amania, Yusriyadi Yusriyadi, Yunanto Yunanto
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引用次数: 0

摘要

本研究旨在从保护儿童的原则出发,探讨为何仍有二婚豁免的要求,以及二婚豁免是如何实施的。这项研究是实证司法研究的一个例子,这是一项通过观察现有法律以及它们如何在人们的生活中使用而在该领域进行的研究。研究结果表明,对第16/2019号法律第7条第1款规定的不同解释导致沃诺索博的一些KUA仍然要求19岁以下的准新娘提交第二次婚姻豁免,即使她们已经丧偶或丧偶。根据规定,离婚申请只需要提交一次。这是因为一个人在结婚后被认为具有法律上的能力。另一方面,在考虑儿童保护原则时,需要申请第二次婚姻豁免。这项研究是为了让宗教法院和KUA,以及其他感兴趣的人,可以把它作为一个指南,来理解在申请第二次婚姻豁免方面有同样的想法是多么重要。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Application for Second Marriage Dispensation And its Relevance to Child Protection (Study In The Jurisdiction Of Wonosobo Religious Court)
This study aims to find out why there is still a request for a second dispensation and how the second marriage dispensation is implemented in terms of the principle of child protection. This research is an example of empirical juridical research, which is research done in the field by looking at the laws that are in place and how they are used in people’s lives. The study’s results show that different ways of interpreting the rules in Article 7 paragraph 1 of Law 16/2019 have led to several KUA in Wonosobo still requiring prospective brides under the age of 19 to submit a second marriage dispensation, even though they are already widowed or widowers. According to the rules, a dispensation for marriage only needs to be filed once. This is because a person is considered legally competent after getting married. On the other hand, when considering the principle of child protection, filing for a second dispensation for marriage is required. This study was made so that the Religious Courts and KUA, as well as anyone else who was interested, could use it as a guide to understand how important it is to have the same ideas about applying for a second marriage dispensation.
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