Istivarani, Wela (2025) Analisis Yuridis Terhadap Permohonan Dispensasi Nikah di Bawah Umur Berdasarkan Undang-undang Nomor 16 Tahun 2019 Tentang Perkawinan. Other thesis, Universitas Islam Riau.

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Abstract

The petition for marriage dispensation for minors, as stipulated in Law Number 16 of 2019 concerning Marriage, grants applicants the opportunity to receive approval for their request. This provision facilitates minors in getting married based on acceptable reasons. The main issue in this research is to identify the factors that lead to requests for marriage dispensations for minors in 2023 based on Law Number 16 of 2019 on Marriage, as well as the considerations made by judges regarding marriage dispensations for minors under Law Number 16 of 2019 on Marriage. This research employs a normative legal research method, which is descriptive and qualitative in nature. The data sources used include Law Number 16 of 2019 on Marriage, and the rulings of the Religious Court judges regarding marriage dispensation cases for minors, specifically the Ruling of Case No. 153/Pdt.P/2023/PA.Pbr and the Ruling of Case No. 42/Pdt.P/2021/PA.TAS (TAIS). The factors causing requests for marriage dispensations for minors in 2023, based on Law Number 16 of 2019 on Marriage, are influenced by several aspects. These include factors originating from the marriage dispensation applicants and factors from the Religious Court judges, who make the decisions regarding marriage dispensation requests. Factors from the applicants include situations such as the applicant's child being pregnant outside of wedlock, which prompts the need for the marriage to be expedited. Environmental factors also play a role, such as economic pressures where parents feel compelled to marry off their child in order to alleviate the financial burden. Additionally, cultural and societal factors, such as local customs, as well as concerns about violating religious teachings if the marriage is not carried out, contribute to the request. Factors from the judge include considerations based on the alignment with PERMA Number 5 of 2019. The judge's considerations regarding whether a request for a marriage dispensation for a minor is granted or rejected are influenced by several elements. The request may be granted if the applicant attends the trial with all the necessary requirements for the marriage dispensation application. On the other hand, the request may be rejected if the applicant’s parents fail to attend the trial without providing a clear reason.

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