Dispensasi nikah dan Syarat syarat yang harus disiapkan ke Pengadilan Agama

Advokat R. Hikmat Prihadi

14 Mar 202207:20

Summary

TLDRThe video discusses the application process for marriage dispensation in Indonesia, highlighting legal age requirements and necessary documentation. With the legal marriage age set at 19 for both genders, parents can request a dispensation from the local religious court if either prospective spouse is underage. Key requirements include an application letter, identification copies, a rejection letter from KUA, and birth certificates. The video aims to clarify this process, ensuring that viewers understand the necessary steps and are encouraged to seek further information through comments.

Takeaways

😀 The legal age for marriage in Indonesia is 19 years for both males and females as per the amended Marriage Law No. 16 of 2019.
👪 Parents can apply for a marriage dispensation to allow their children to marry if they are below the legal age.
⚖️ A marriage dispensation must be submitted to the local religious court if the applicants have not reached the legal marriage age.
📜 The application for marriage dispensation requires several documents, including a letter of application and copies of ID cards.
🚫 A rejection letter from the KUA (Religious Affairs Office) is needed, indicating that the marriage proposal was submitted but rejected due to age restrictions.
👶 Birth certificates of both prospective spouses are required as part of the application process.
💼 If the administrative requirements for the application are not met, the court clerk will return the application for completion.
🔍 The application for dispensation should include verification that no coercion is involved in the marriage proposal.
🤝 A guardian or parent can apply for marriage dispensation if both parents are absent or incapacitated.
🌍 The content is aimed at informing the Indonesian public about the requirements and processes for applying for a marriage dispensation.

Q & A

What is the minimum legal age for marriage in Indonesia as per the Marriage Law?
-The minimum legal age for marriage in Indonesia is 19 years for both men and women.
What are the conditions under which a marriage dispensation can be requested?
-A marriage dispensation can be requested if one or both prospective spouses are under the minimum legal age of 19 years.
What is the purpose of a marriage dispensation?
-The purpose of a marriage dispensation is to allow underage individuals to marry when it is deemed in their best interest, ensuring the protection of their rights and welfare.
What documents are required to apply for a marriage dispensation?
-The required documents include a letter of application, photocopies of identity cards, a marriage book (if applicable), a rejection letter from KUA, a status certificate of the prospective spouse, and birth certificates.
What happens if the application for dispensation does not meet administrative requirements?
-If the application does not meet the administrative requirements, it will be returned to the applicant for completion before it can be processed further.
Who can submit a marriage dispensation application?
-The application can be submitted by the parents of the prospective spouses, legal guardians, or relatives if the parents are unavailable or incapacitated.
What role does the Office of Religious Affairs (KUA) play in the marriage dispensation process?
-The KUA provides a rejection letter if the marriage application is denied due to age restrictions, which is required as part of the documentation for the dispensation request.
Can individuals who cannot afford court fees apply for a marriage dispensation?
-Yes, individuals who cannot afford court fees can request a waiver or apply for the dispensation pro bono, provided they submit a certificate of inability.
What legal framework governs marriage in Indonesia?
-The legal framework governing marriage in Indonesia includes the Marriage Law No. 1 of 1974, which was amended by Law No. 16 of 2019.
What principles guide the granting of marriage dispensation?
-The granting of marriage dispensation is guided by principles such as the best interest of the child, respect for human dignity, and legal certainty.