Salsabila, Nindya (2025) Analisis Penyebab Tingginya Angka Dispensasi Kawin Tahun 2023 Berdasarkan Pandangan Hakim Pengadilan Agama Dikaitkan Dengan Perlindungan Dari Dinas Pemberdayaan Perempuan Dan Perlindungan Anak Kabupaten Indragiri Hulu. Other thesis, Universitas Islam Riau.

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Abstract

In order to carry out a marriage, the government sets an age limit for carrying out a marriage in order to form a perfect family as regulated in Law No. 16 of 2019 in Article 7 paragraph (1) it is stated that the age limit for carrying out a marriage is 19 years for men and women. Furthermore, Article 7 paragraph (2) states that in the event of a deviation from the age provisions, the parents of the man/woman can request a dispensation from the court on the grounds that it is very urgent accompanied by sufficient supporting evidence. This marriage dispensation phenomenon has increased every year so that the Religious Court of Indragiri Hulu Regency in collaboration with the Women's Empowerment and Child Protection Service has made it difficult to apply for a marriage dispensation by having to consult with a counselor from the Women's Empowerment and Child Protection Service. The formulation of the problem in this thesis research is: First, What is the View of the Judge of the Religious Court of Indragiri Hulu Regency in Deciding to Allow Marriage Dispensation. Second, How is the Optimization of the Women's Empowerment and Child Protection Service to Reduce the High Number of Marriage Dispensations. The type of this research is empirical legal research obtained by the author by going directly to the field to obtain data. This research is descriptive analytical in nature, providing a clear and structured picture. The location of this research was conducted at the Rengat Religious Court and the Women's Empowerment and Child Protection Service of Indragiri Hulu Regency. The data sources for this research are primary data obtained from going directly to the field and secondary data obtained from literature searches. The data collection tools in this study are observation, interviews, and documentation. While the method of drawing conclusions used is the deductive method which draws conclusions from general to specific things. From the results of the research and discussion, the author found: First, the reason the judge granted the marriage dispensation request was because the applicant was proven to have urgent reasons. The urgent reasons such as the couple had committed adultery due to promiscuity, pregnancy outside of marriage, due to discontinuation of education, economic factors, parental concerns, and lack of in-depth religious knowledge. Second, Optimizing the role of the Women's Empowerment and Child Protection Service can be said to be optimal. From the service itself, counseling has been provided regarding the prevention of child marriage and the impact of child marriage itself. And with the cooperation between the Women's Empowerment and Child Protection Service and the Religious Court, this has also included complicating the requirements for applying for marriage dispensation because without a letter from the Women's Empowerment and Child Protection Service, the trial at the Religious Court will not be carried out.

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