Implementation of Regulation of the Supreme Court of the Republic of Indonesia Number 5 of 2019 as a Response to Law Number 16 of 2019 Concerning Amendment to law Number 1 of 1974 Concerning Marriage (the Concept of Maslahah Mursalah in Marriage Dispensat

Abstract

Marriage is the nature of all living things, including humans. Islam, as a divine religion and rahmatan lil alamin, provides a way of life for its followers, including guidelines for carrying out marriage. In Islam, even though there is no order for the registration of marriages, the purpose and maintenance of lineage, as a general concept in maqashid sharia, can be defined as an order to register marriages as part of the implementation of the maqashid sharia.

This paper discusses the amendments to Law Number 1 of 1974 concerning Marriage, regarding the sudden discussion and ratification at the near-end period for members of the Indonesian House of Representatives (DPR RI) for the 2014-2019 period. This paper discusses the amendments to Law Number 1 of 1974 concerning Marriage. The discussion and ratification were suddenly undergone at the near-end period for DPR RI members for the 2014-2019 period. Thus, when the president promulgated and included it in the state gazette, many citizens did not know or were not ready to implement it. As a result, many planned marriages cannot be registered because the change in the law hinders them.

One solution is to file a marriage dispensation case in a religious court which by law is authorized to receive, examine and resolve the case. Regulation of the Supreme Court Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation is a technical reference for judicial officers examining the case.

The method used by the author in compiling the paper is the library method, by taking data from the literature and supporting data from several religious courts after the law was passed.

With the implementation of Law Number 16 of 2019 as an amendment to Law Number 1 of 1974 concerning Marriage, the facts and phenomena in society, as well as the increasing number of marriage dispensation cases in religious courts, are evidence that the community's readiness to accept and make minimum age adjustments for Bridal couples, especially the bride, still needs time.