COMPARATIVE STUDY OF JUDGES' CONSIDERATIONS IN ACCEPTING AND REJECTING MARRIAGE DISPENSATION APPLICATIONS : Study of Religious Court Decisions

Chairunnisa Qudsy, . (2025) COMPARATIVE STUDY OF JUDGES' CONSIDERATIONS IN ACCEPTING AND REJECTING MARRIAGE DISPENSATION APPLICATIONS : Study of Religious Court Decisions. Syiah Kuala Law Journal, 9 (2). pp. 285-294. ISSN 2580-9059

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Abstract

The increase in marriage dispensation applications in Indonesia reflects social and legal changes following the change in the minimum age of marriage in Law No. 16/2019. This study aims to analyse the legal considerations and main factors that form the basis for judges in accepting or rejecting marriage dispensation applications through a comparative study of three Religious Court decisions: Determination Number 1080/Pdt.P/2023/PA.JP, Number 203/Pdt.P/2023/PA.SJJ, and Number 6/Pdt.P/2024/PA.SJJ. The method used is normative juridical with a decision study approach. The results showed that the judge's consideration was not only based on juridical aspects, but also considered psychological, social, economic readiness, and urgent conditions such as pregnancy. Judges play an important role in applying the principle of the best interest of the child, by referring to Article 7 paragraph (2) of Law No. 16 of 2019 and Perma No. 5 of 2019. The conclusion shows that each decision is contextual and not uniform, depending on the facts and conditions of the applicant presented at trial.

Item Type: Article
Additional Information: [No. Panggil: 2110611214] [Pembimbing: Surahmad] [Penguji 1: Andriyanto Adhi Nugroho] [Penguji 2: Dwi Aryanti Ramadhani]
Uncontrolled Keywords: Minors, marriage dispensation, judges, court decisions
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Program Studi Hukum (S1)
Depositing User: CHAIRUNNISA QUDSY
Date Deposited: 11 Aug 2025 03:53
Last Modified: 11 Aug 2025 03:53
URI: http://repository.upnvj.ac.id/id/eprint/39065

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