Putri, Yessi Helmalia (2025) Analisis Yuridis Terhadap Dispensasi Nikah di Hubungkan dengan Undang-Undang Nomor 16 Tahun 2019 Tentang Perkawinan Berdasarkan Putusan Nomor 146/Pdt.P/2021/Pa.Pbr. Other thesis, Universitas Islam Riau.

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Abstract

Marriage Dispensation is one of the absolute powers given by law to the Religious Court to examine, decide, and resolve marriage permit applications for people who have obstacles to marriage. This authority is stated in Article 49 of Law 0 Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts. The formulation of the problem in this thesis research is as follows: First, what are the factors causing the increase in applications for underage marriage dispensation at the Pekanbaru Religious Court? Second, what is the basis for the judge's considerations in determining applications for underage marriage dispensation at the Pekanbaru Religious Court. The research method used by the researcher in this study is the type of Normative Legal research, namely Legal research conducted by examining Library materials to find legal rules, legal principles and legal doctrines in order to answer legal problems. While the method of drawing conclusions that the author uses in this study is the deductive method, namely taking conclusions from general to specific things. First, the factors causing the increase in requests for underage marriage dispensation are: religious factors, economic factors, premarital pregnancy factors, and limited education. Second, regarding the Judge's consideration in determining the Application for underage marriage dispensation, namely, that in determining the application for underage marriage dispensation, there is Article 7 Paragraph 2 of Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974, which explains that the parents of the man and the woman can request dispensation from the court on very urgent grounds accompanied by sufficient supporting evidence. From the results of the research and discussion that the author found that the proof of the Marriage Dispensation at the Pekanbaru Religious Court in Decision Number 146 / Pdt.P / 2021 / PA.Pbr is based on the reasons for the Applicant who intends to immediately marry the Applicant's child to her prospective husband because the two have been in a relationship since July 2018, listening to statements from both candidates, that the Judge has tried to advise the Applicant to be patient in postponing his child's application to wait for his age to meet the minimum limit determined by the Regulation of the Supreme Court of the Republic of Indonesia Number 5 of 2019 concerning Guidelines for Adjudicating Application for Marriage Dispensation in accordance with applicable laws and regulations.

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