PENERAPAN ALASAN MENDESAK PERMOHONAN DISPENSASI KAWIN DALAM PERTIMBANGAN HAKIM DI PENGADILAN AGAMA BOJONEGORO

Bahij, Nauval (2025) PENERAPAN ALASAN MENDESAK PERMOHONAN DISPENSASI KAWIN DALAM PERTIMBANGAN HAKIM DI PENGADILAN AGAMA BOJONEGORO. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Underage marriage has become a legal problem in Indonesia, with various negative impacts, especially for girls. One effort to address this phenomenon is to grant marriage dispensations to couples who are not yet of legal age. This study focuses on the application of urgent reasons in marriage dispensation applications submitted to the Bojonegoro Religious Court, and how judges consider these factors in making decisions. This study aims to determine the types of urgent reasons frequently submitted in marriage dispensation applications and how judges apply urgent reasons in deciding these cases at the Bojonegoro Religious Court. The research method used is empirical legal research with a juridical-empirical approach. This study collected data through interviews with judges at the Bojonegoro Religious Court and analyzed the application of urgent reasons in marriage dispensation requests based on applicable regulations, such as Supreme Court Regulation Number 5 of 2019 and Law Number 16 of 2019. The results indicate that the urgent reasons frequently submitted in marriage dispensation requests at the Bojonegoro Religious Court include pregnancy outside of marriage, existing relationships that are consistent with marriage, and having children before marriage. However, parental concerns, although frequently cited as a basis for applications, do not meet the criteria for urgent reasons under the law. Judges still consider these reasons based on the physical and mental readiness of the prospective bride and groom. The main obstacles to the application of urgent reasons in the Bojonegoro Religious Court include four factors: law, law enforcement, society, and culture. This study recommends increased oversight of marriage dispensations and further education regarding the legal and social consequences of underage marriage. Keywords: Underage Marriage, Marriage Dispensation, Urgent Reasons, Bojonegoro Religious Court

Item Type:

Thesis (Undergraduate)

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