RELEVANCE OF RELIGIOUS COURT DECISIONS REGARDING DISPENSATION IN CHILD MARRIAGE

Abstract

Child marriage in Indonesia is very vulnerable and has been increasing recently. The granting of marriage dispensation in the Religious Courts triggers several legal consequences. Whereas in practice the judge's consideration is not always accepted regarding the marriage dispensation, the judge can also decide to reject the application for child marriage by looking at the existing legal aspects. Based on these problems, the author explains two problems that are the focus of this paper, namely the legal consequences of the marriage dispensation on child marriage and the relevance of Religious Court Decisions with positive law. This study used empirical juridical research methods. Using secondary data through literature studies such as laws and regulations, court rulings, and legal theory, while the method of data analysis is exercised throught qualitative methods. Then, this research conducted an empirical study of the literature from online sources. With regard to the application for marriage dispensation, the right to marriage will be obtained so that the marriages carried out are legally recognized by the state and religion. However, even if the judge rejects the application for dispensation for marriage, the applicant can file an appeal to the Supreme Court. The role of judges is significant. Judges also need to be selective when requesting a marriage dispensation to prevent the increase in child marriage in Indonesia.