PELAKSANAAN DISPENSASI KAWIN USIA SEBELUM 19 TAHUN DI PENGADILAN AGAMA SUNGAI PENUH

Abstract

ABSTRACT Article 7 Section (1) Act Number 16 Year 2019 about Change of Act Number 1 Year 1974 about Marriage to set the minimum age for carrying out marriage is 19 years old for men and women. However, Article 7 Section (2) allows minors marriage by applying marriage dispensation request to the court if it has urgent reason with the supporting evidence. The problem formulations are : 1) What are the reason of marriage dispensation request submission at Sungai Penuh Religious Court? 2) What are the judge’s basic considerations for granting marriage dispensation request submission. This research uses juridical and sociological legal approaches. Data resources which are used are primary data and secondary data. Data analytical method is qualitative. The results of this research are: 1) Reasons of marriage dispensation request submission are pregnancy out of wedlock, the too-close relationship, economy and matchmaking factor, culture and custom factor, effort of avoiding illegitimate, and readiness to carry out marriage. 2) Basic considerations on granting marriage dispensation request submission are protection for child, social and psychological factors of prospective mother, difficulty to separate relationship and avoiding norm violation, the future of applicant, aspects of society trust, assessment on mental and financial readiness.