Fenomena Pernikahan Dini di Kabupaten Luwu: Analisa Kebijkan Pengadilan Agama Belopa Kabupaten Luwu

Abstrak

This study aimed at tracking facts and data on the prevalence of early marriage in Luwu Regency; finding out the performance of the Belopa Religious Court in responding to and presenting marriage dispensation policies; finding out the perspective of Islamic law with the rise of early marriage in Belopa. This type of research is field research and exploratory. The research informants consisted of: 6 married couples, 3 parents or marriage guardians, the head of the KUA, 1 KUA employee, 2 judges, 2 clerks and 1 employee of the Belopa Religious Court. Research data obtained by means of observation, in-depth interviews and documentation. Furthermore, the data were analyzed descriptively qualitatively. The results show that: Facts and data on early marriages that occur in Belopa, Luwu Regency have increased every year where there have been 139 couples who are considered legal by the state; The performance of the Belopa religious court in responding to and presenting a marriage dispensation policy in the fairly easy category is given by evidence that the majority of applications for marriage dispensation submitted at the Religious Court are granted by the judge; Islamic law as a patron of mitigating the rise of early marriage can be effective if it is not allowed to ignore the Marriage Law Number 16 of 2019 where when fiqh has been transformed into law then in fact the fiqh product which is the source of the material must be considered no longer valid or at least the product is no longer binding. Our only reference is the law with all the regulations under it.