IMPLEMENTASI PASAL 7 AYAT 1 UNDANG-UNDANG PERKAWINAN NOMOR 16 TAHUN 2019 TENTANG BATAS MINIMAL USIA PERKAWINAN PERSPEKTIF MASLAHAH MURSALAH

Abstrak

Article 7 Paragraph 1 of the Marriage Law Number 16 of 2019 is an Article that explains the Marriage Age Limit for men and women, namely the age of 19 years from the amendment of the previous law, namely article 7 Paragraph 1 of the Marriage Law Number 1 of 197. The use of mashlahah mursalah in the age restriction of marriage in Indonesia is very important considering the absence of nash-nash syara or Ijma' that regulates it. The research conducted to find facts in the community in Indonesia against Article 7 Paragraph 1 of the Marriage Law Number 16 of 2019 concerning the Minimum Age of Marriage Prespective Maslahah Mursalah, the purpose of this study is to find out the Implementation of Article 7 Paragraph (1) of Marriage Law Number 16 of 2019 concerning the Minimum Age of Marriage Prespective Mashlahah Mursalah. This research uses a type of literature research, as well as qualitative which is descriptive – analytical, which is generally carried out by not going into the field in the search for data sources so that this research is carried out only based on written works, including research results both that have been and have been published. The data of this study was produced through analysis with 4 stages, namely: Data Reduction, Data Presentation, Data Analysis, and Drawing Conclusions. The results of this study show that the implementation of Article 7 Paragraph 1 of the Marriage Law Number 16 of 2019 concerning the Minimum Age of Marriage in Indonesian society has been implemented and successful because the number of Marriage Dispensations has decreased from 2020: 64.211 cases while in 2021: 59.709 cases of Marriage Dispensation. This study also analyzes the Implementation of Article 7 Paragraph 1 of the Maslahah Mursalah Prespective Marriage Law, the Implementation of Article 7 Paragraph 1 of the Marriage Law Number 16 of 2019 The Perspective of Maslahah Mursalah, has been carried out well and effectively in the Indonesian state using the point of view of the Maslahah Mursalah al-Dharuriyah theory. Mashlahah Mursalah al-Dharuriyah is a general benefit that concerns the basic needs of mankind including keeping offspring, marrying with a minimum age limit of 19 years is expected that with this limit, humans can provide good offspring.