Marriage dispensation in the city of Surabaya

Abstract

Underage marriage dispensation is a permit issued by the Religious Courts to provide relief to prospective brides who will carry out underage marriages. The issuance of underage marriage dispensation was based on the Republic Indonesia of Law Number 1 of 1974 concerning Marriage which was amended to become the Republic Indonesia of Law Number 16 of 2019. The study was aim to find out the underage marriage dispensation phenomenon in the city of Surabaya. In this study, a qualitative method is used with a phenomenological approach. The informant used in this study are 10 people consisting of the key informant, the main informant, and the additional informant. Data were collected using an in-depth interview method. The results of the study found that there were causative motives which included religious factors, cultural factors, economic factors, other factors, and regulations. This research also found form of action which included the final decision of the Religious Court judge on the request for underage marriage dispensation. Various forms motives and actions have some impacts on the dispensation application which includes underage marriage as a result of the dispensation application approval and the emergence of the unregistered marriage phenomenon as a result of the dispensation application rejection.