Marriage Dispensation Research Articles

Gejala Promiskuitas di Kalangan Anak pada Era Digital yang Menyebabkan Perkawinan Usia Anak

Dispensation of marriage is the granting of permission to marry by the court to a prospective husband/wife who is not yet 19 years old to enter into marriage. The authority of the court to grant marriage dispensation is regulated in Article 7 paragraph 2 of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. This study looks from a criminological point of view which is intended to be able to explore and analyze the rationality and effectiveness of social control that occurs as a result of early marriage. In addition, this study is expected to contribute to relevant stakeholders in terms of handling policies in preventing early marriage. The research method used in this study is a qualitative method with relevant resource persons in Ponorogo, as well as based on data obtained from the Religious Courts in Ponorogo. The results show that the promiscuity symptom affects the spike in early marriage cases in the Ponorogo area due to the role of digital technological advances that are not accompanied by supervision and regulations that need to be improved in several aspects of prevention.

Analisis Sosiologi Hukum atas Polemik dan Dampak Meningkatnya Permohonan Dispensasi Perkawinan di Jawa Timur tahun 2022

Marriage is an important institution in human social life, both in terms of religion, culture, and law. However, in some cases, there are situations where couples who want to marry must request dispensation from the applicable law, as was the case in East Java in 2022, where there was an increase in the number of applications for marriage dispensation. This study aims to analyze social and legal factors with a sociological-jurisprudence approach. The research method used is a qualitative approach using literature study techniques and relevant skunder data related to the dynamics of the marriage dispensation. The results showed that factors influencing the decision to apply for marriage dispensation include economic, cultural, religious factors, also influenced by social changes and policies related to the minimum age of marriage. The polemic regarding the marriage dispensation needs to get deeper attention, so that the judiciary and the government can determine the right policy to deal with the phenomenon.

Reconceptualization of Marriage Dispensation Provisions In Religious Courts (Solution To Reduce The Number of Early Marriages In Indonesia)

Introduction: In the Marriage Act has been formulated several principles of marriage, one of which is the principle of marriage in terms of age of marriage. In accordance with the provisions, it is confirmed that the age of marriage for men and women is 19 (nineteen) years. Furthermore, if there are irregularities regarding the parties who have not reached the specified age, it is permissible to apply for a marriage dispensation to the Religious Court.Purposes of the Research: This study aims to determine and analyze the rules of the game in terms of marriage in which to conceptualize the provisions of the marriage dispensation with the aim of reducing early marriage in Indonesia.Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach.Results of the Research: The problem of early marriage is usually included in the category of children where the child is someone who is not yet eighteen years old, including children who are still in the womb. Therefore, it is necessary to consider the physical and spiritual maturity that makes it possible to carry out her duties as a wife and as a mother as well as possible, if it is used as the best benchmark for a daughter to carry out a marriage. in accordance with the circumstances in Indonesia the lowest limit for a girl is 18 years.

DISPENSASI NIKAH PASCA TERBIT UU NO. 16 TAHUN 2019 DI PENGADILAN AGAMA PROBOLINGGO

Child marriage is an interesting phenomenon to discuss. There have been many government efforts in dealing with the rampant cases of child marriage in Indonesia. One of them is by enacting the Marriage Law regarding the age limit for marriage. The change in the age limit for marriage regulated in laws and regulations to 19 years for both men and women has actually increased the number of child marriages in Indonesia. This research is a qualitative research with a case study type of research, namely in the Religious Court of Probolinggo City. From the research that has been done, the authors can conclude that even though the age limit for marriage has been regulated in the Marriage Law, a marriage dispensation policy for those w ho still wish to marry under the specified age can still be issued by a judge with various considerations. It cannot be denied that the existence of a marriage dispensation has actually become a boomerang for the effectiveness of the Marriage Law concerning the marriage age limit that has been made. Lawmakers need more attention to further reinforce existing regulations so that the marriage dispensation is not used as a way out for people who want to get married at an early age.

Ambiguitas Norma dan Problem Teknikalitas Dispensasi Kawin pada Peradilan Agama di Indonesia

This study aims to discuss the norms regarding the minimum marriage age and dispensation for marriage, which appear contradictory, although both are within the same law. This study employs a normative-empirical juridical approach with a judicial case study type. The normative data sources include Law Number 1 of 1974 and Law Number 16 of 2019, while the normative-empirical data consists of two judicial decisions from the Talu Religious Court. The study finds that dispensation for marriage should not be deemed a direct factor contributing to the high incidence of early marriages because this norm is not a direct instrument to curb early marriages. The relevant instruments to address early marriages are community awareness and empowerment. In certain aspects, the norm regarding marriage dispensation is also related to the status or legitimacy of children, especially when a woman applying for dispensation is already pregnant (out of wedlock). However, formally, the Compilation of Islamic Law has already clarified that legitimate children are those born within a valid marriage, without considering whether the pregnancy occurred within a valid marriage or not.

The Validity of The Marriage Guardian in The Case of Elopement in The Perspective of Islamic Law

The purpose of this study is to discuss the view of Islamic law on the validity of marriage guardians in cases of elopement. The research method used is a qualitative method with normative juridical. Data collection was carried out by observation and interview techniques for three elopement pairs and with the head of the local KUA. The results and discussion showed that the elopement factor occurred due to the parents' disapproval of the bride and groom's wedding plans. The disapproval was caused by financial unpreparedness and not being old enough for the bride and groom. The impacts caused are in the form of internal family problems, problems in state administration and social problems. The three elopement couples were married in the absence of a guardian who obtained guardianship permission from the guardianship of the nasab. In addition, marriages are performed without applying for marriage dispensation to religious courts because three of the six are minors. So it can be concluded that both religiously and legally in Indonesia, the marriage of the three couples is invalid. 

PELAKSANAAN UNDANG-UNDANG NO. 16 TAHUN 2019 DI KANTOR URUSAN AGAMA (KUA) KECAMATAN NOGOSARI KABUPATEN BOYOLALI

Implementation of Law no. 16 of 2019 at the Office of Religious Affairs (KUA) of Nogosari District, Boyolali Regency. Thesis. Ahwal Al Syakhsyiyah Study Program, Faculty of Sharia and Islamic Economics, Mamba`ul Ulum Islamic Institute, Surakarta.This study aims 1) To find out how the implementation of Law no. 16 of 2019 Article 7 at the Nogosari KUA, 2) Supporting and inhibiting factors in the implementation of Law Number 16 of 2019 Article 7 at the Religious Affairs Office of Nogosari District.The approach taken in this study is a qualitative approach, a type of normative empirical research or field research. This means that the data comes from interviews, observations, personal documents and other official documents. Data analysis technique used is data collection is data collection, data reduction, data presentation and drawing conclusions. Data validity assurance techniques are carried out by checking trust, transferability and dependency checks.The results of this study found that the application of the age limit for marriage according to Law no. 16 of 2019 at the KUA in Nogosari District, it has been effective with a decrease in the number of early marriages every year. In its application there are inhibiting factors, namely: 1) level of education; 2) lack of legal awareness; 3) uncontrolled association; and 4) the decision on the PA's marriage dispensation. The supporting factors are: 1) the level of community education; 2) socialization; 3) public awareness

The increasing rate of marriages and premarital pregnancies in adolescents during the transitional period of changes to the marriage law

The increasing number of adolescent marriages can have various impacts on society. The government’s effort to reduce the number of adolescent marriages is to revise Marriage Law no. 16 of 2019, which changes the minimum age for marriage to 19 years old. This study focuses on analyzing the differences in trends of adolescent marriage and premarital pregnancy during the transitional period of changes to the marriage law. This research was a cross-sectional study using secondary data from the Central Statistics Agency, Ministry of Religion, and Religious Courts of Malang Regency. The data related to adolescent marriage were the data obtained in 2016-2020. The adolescent marriage rate map was made using the QGIS application. The marriage rate of adolescents aged <19 years old increased. In 2016 the prevalence was 1.38% of the total number of marriages, and it increased to 5.85% in 2020. The marriage dispensation rate also increased from 1.77% (2016) to 8.74% (2020). The major reason for applying for marriage dispensation is because the adolescents are still aged < 19 years old and have premarital pregnancies. The highest marriage rate of males was in 5 sub-districts, while the highest marriage rate for women was in 31 sub-districts. Changes in the minimum age limit for marriage do not automatically reduce the rate of adolescent marriage. Thus, it is important to have a synergistic role in society to increase awareness for a healthy marriage, relationship, and morale.

Analisis Jumlah Perkara Dispensasi Kawin di PA Sidoarjo sebelum dan sesudah Disahkan UU No. 16 Tahun 2019

The main topic of discussion in this research is the age limit for marriage in Islam which is then analyzed by the views of religious leaders regarding the topic of discussion. This study aims to find out how the age limit for marriage in Islam is then analyzed by the Islamic scholars. Islam itself does not limit the ideal age for marriage. But in general what is commonly known is that they are mature, have good sense, are able to distinguish between good and bad so that they can give consent to marry, when the time comes for someone to get married. In the corridor of law regulations, Indonesia provides rules for a minimum age limit for marriage where if the bride and groom have not reached the stipulated age, then they must go through the process of requesting dispensation from marriage at the local religious court. The problem is, the various reasons put forward by the applicant for the marriage to be carried out immediately. In this study, the author will describe the dynamics of the issue of marriage dispensation at the Sidoarjon religious court in the range before and after 2019.
 Keywords: dispensation of marriage, early age, child marriage.

Analisis Jumlah Perkara Dispensasi Kawin di PA Sidoarjo sebelum dan sesudah Disahkan UU No. 16 Tahun 2019

The main topic of discussion in this research is the age limit for marriage in Islam which is then analyzed by the views of religious leaders regarding the topic of discussion. This study aims to find out how the age limit for marriage in Islam is then analyzed by the Islamic scholars. Islam itself does not limit the ideal age for marriage. But in general what is commonly known is that they are mature, have good sense, are able to distinguish between good and bad so that they can give consent to marry, when the time comes for someone to get married. In the corridor of law regulations, Indonesia provides rules for a minimum age limit for marriage where if the bride and groom have not reached the stipulated age, then they must go through the process of requesting dispensation from marriage at the local religious court. The problem is, the various reasons put forward by the applicant for the marriage to be carried out immediately. In this study, the author will describe the dynamics of the issue of marriage dispensation at the Sidoarjon religious court in the range before and after 2019.
 Keywords: dispensation of marriage, early age, child marriage.

The Effectiveness of Child Protection Through Marriage Dispensation Policy in Maslāḥah Perspective

Maslāḥah means interests and benefits, which, when used together with the word mursalah, means unlimited, unrestricted, or freely decided interests. The Maslāḥah mursalah method emerges as a fundamental understanding of the concept that shari’ah is intended for the benefit of the community and serves to provide benefits and prevent harm. This research is descriptive and qualitative, with a normative theological approach, normative juridical, and empirical juridical. Research data sources include the Watampone Religious Court, the Ministry of Religion of Bone Regency, and the Office of Women’s Empowerment and Child Protection in Bone Regency. The Watampone Religious Court carries out child protection through discretionary restrictions on accepting applications for marriage dispensation, which must be with a recommendation from the Office of Women’s Empowerment and Child Protection in Bone Regency (proven pregnant) as an indication of “very urgent”. This policy is contrary to the culture of the people of Bone; and concerning the “Best Interests of the Child”, the point is included in the category of al-Maṣlaḥah al-Hajiyah and al-Maṣlaḥah al-Mursalah.

PERAN PONDOK PESANTREN TERHADAP FENOMENA “DISPENSASI NIKAH” (Studi Pondok Pesantren Sabilul Muttaqin Ikatrina Ponorogo)

This article tries to discuss the description of the roles carried out by the educational institution Sabilul Muttaqin Islamic Boarding School Ikatrina Foundation towards the rampant phenomenon of marriage dispensation in Ponorogo Regency. With descriptive qualitative methods, researchers try to explore the desired information through sources that are considered relevant to the intended study. The results of this study show that the role of the Sabilul Muttaqin Islamic Boarding School of Ikatrina Foundation is as a forum to foster religious knowledge, mental guidance and skills for children who lack attention (victims of broken homes) from their families, orphans, and children in low economic level. All of them are summarized in several activities that are carried out regularly such as the study of the Islamic books, holding reproductive health socialization, bulding education values and extracurricular activities.

Protection and Care of Children Post Marriage Dispensation

his research examines and answers the forms of legal protection for children after the marriage dispensation and factors that influence the implementation of legal protection for children after the marriage dispensation in Gorontalo Province. This research is a type of empirical legal research which is descriptive analysis in nature. The data analysis technique uses qualitative descriptive analysis techniques. This analysis technique provides an overview of the logical flow of data analysis, as well as providing input on the qualitative data analysis techniques used. Forms of legal protection for children after marriage dispensation in Gorontalo Province are: Administrative Protection, Psychological Protection and Social Protection. Factors influencing the implementation of legal protection for children after the marriage dispensation in Gorontalo province: Internal factors and external factors. Internal factors include: Covering the Family's Shame and Disgrace Most of what influences the request for marriage dispensation, Preventing Adultery is Dominant is the reason put forward by the applicants. The two prospective bride and groom have been dating for a long time and are very close and difficult to separate so that the parents are afraid they will fall into the trap. to the act of Zina. External factors, namely: economic factors, educational factors, and social media which can be easily accessed via the internet, are gradually having a big influence on the interaction and social patterns of teenagers.

Protection and Care of Children Post Marriage Dispensation

This research examines and answers the forms of legal protection for children after the marriage dispensation and factors that influence the implementation of legal protection for children after the marriage dispensation in Gorontalo Province. This research is a type of empirical legal research which is descriptive analysis in nature. The data analysis technique uses qualitative descriptive analysis techniques. This analysis technique provides an overview of the logical flow of data analysis, as well as providing input on the qualitative data analysis techniques used. Forms of legal protection for children after marriage dispensation in Gorontalo Province are: Administrative Protection, Psychological Protection and Social Protection. Factors influencing the implementation of legal protection for children after the marriage dispensation in Gorontalo province: Internal factors and external factors. Internal factors include: Covering the Family's Shame and Disgrace Most of what influences the request for marriage dispensation, Preventing Adultery is Dominant is the reason put forward by the applicants. The two prospective bride and groom have been dating for a long time and are very close and difficult to separate so that the parents are afraid they will fall into the trap. to the act of Zina. External factors, namely: economic factors, educational factors, and social media which can be easily accessed via the internet, are gradually having a big influence on the interaction and social patterns of teenagers.

Fulfilling Education Rights for Girls in Child Marriage to Achieve SDGs Gender Equality

The age minimum for marriage in Indonesia is 19 years old for both men and women, but those who are underage can still marry legally by applying for marriage dispensation through a religious court or district court depending on the child’s religion. Child marriage can lead to school dropout since formal school doesn’t accept students who are married so these children will be returned to their parent, most child marriage cases involves girls more than boys which can lead to gender inequality. This research is conducted by a normative juridical method which utilized secondary data resources such as primary, secondary, and tertiary legal materials. Applicable law regarding the right to education for children is studied by referencing marriage law and national educational system law. The method used in this research is descriptive-analytical data including factual behavior in society and verbal respondent’s statement. There are few regulations regarding the right to education for children but in practice, these regulations are difficult to be applied since the school has its authority. In cases like this, there are alternative ways to fulfill the right to education for girls in child marriage as participating in open schools and learning centers held by the community. Gender equality and education are deeply connected and can not be achieved without one another.

Reconstruction of Marriage Dispensation Regulations in the Perspective of Human Rights Based on the Value of Justice

Marriage dispensation is the granting of permission to marry against deviations from the minimum age permitted in the marriage law. Marriage dispensation can be requested from the court with urgent reasons and must be married immediately. This urgent reason has caused debate, because based on the determination of the religious court as a whole it grants or gives dispensation approval to prospective brides who are pregnant or have committed acts prohibited by religious law and decency. While reasons other than that can be rejected by the judge. The purpose of this research is to analyze and find the reconstruction of the regulation of marriage dispensation in the perspective of human rights based on the value of justice. This study uses the Postpositivism paradigm, with an empirical juridical approach that uses primary data. Methods of data collection using interviews, observation, and field systems. The legal theory used in this dissertation is the theory of justice as the Grand Theory, the middle theory of the legal system theory and the Applaid theory of the theory of benefit. The results of this dissertation research found that the regulation of marriage dispensation in the perspective of human rights has not had the value of justice, namely the current marriage dispensation system based on Law Number 16 of 2019 has not fulfilled a sense of justice related to equal rights before the law and Article 28 B of the Law -The 1945 Constitution of the Republic of Indonesia, it can be seen that dispensation is only given to prospective brides who are pregnant. The current weaknesses in the regulation of the dispensation of marriage in the perspective of human rights are weaknesses in legal substance, legal structure and legal culture. The weakness of the marriage dispensation system is that it does not provide a clear understanding of the urgent reasons, causing debate regarding the urgent reasons and giving rise to the interpretation that the urgent reason is that the candidate is pregnant and results in differences of opinion from the judges. Reconstruction of the regulation on the dispensation of marriage in the perspective of human rights based on the value of justice, namely by reconstructing the provisions in Article 7 paragraph (2) of Law Number 16 of 2019, namely that it is necessary to change the sentence or phrase "reasons are very urgent" and amended with the phrase "which based on the interests of the candidate.

PERMOHONAN DISPENSASI NIKAH DI PENGADILAN AGAMA INDRAMAYU DALAM PERSPEKTIF HUKUM DAN SOSIOLOGI HUKUM

This study uses a data analysis model in which qualitative data analysis is followed by data collection from the Indramayu Religious Court and other laws to support data analysis. This method involves collecting data from primary and secondary sources for research. The data were tested without using statistical formulas or mathematical models, and the findings will be presented in a descriptive analysis. In addition, deductive conclusions are drawn in response to the questions being investigated. The granting of marital dispensation to children who are to be married off under the age is one example of a legal decision that will undoubtedly have a direct impact from a sociological and legal perspective. The minimum age a person may marry is not explicitly stated in the Qur'an. In contrast to the majority of scholars, such as Ibn Subrumah, Bakar Al-A'sham, and Utsmaan Al-Batt, who stated: that young man is not legally married, they cannot marry until they reach puberty and have clear consent from their parents.
 Keywords: Marriage Dispensation; Religious courts; Law; Legal Sociology.

Analisis Meningkatnya Permohonan Dispensasi Kawin Masa Pandemi Covid 19 di Pengadilan Agama Padangsidimpuan dan Pengadilan Agama Panyabungan

Marriage Dispensation is an attempt by the prospective bride and groom to obtain a decision from the court to enter into a marriage for underage couples. Applications for marriage dispensation have increased since the COVID-19 pandemic hit Indonesia. This research focuses on analysing the factors behind the increase in requests for marriage dispensation and seeking efforts to overcome the increase in requests for dispensation. The research method used is field research with a qualitative approach. Data collection techniques were collected through observation and interviews with judges from the Padangsidimpuan Religious Court and the Pengabungan Religious Court. Interviews were also conducted with the Padangsidimpuan and Mandailing Natal Women's Empowerment and Child Protection Services and the people of Padangsidimpuan and Mandailing Natal, who submitted requests for dispensation from marriage. The results of this study indicate that the reasons for the prospective bride and groom applying for dispensation include juvenile delinquency (free sex), pregnancy out of wedlock, arranged marriages, low economy, and encouragement of traditional traditions (marlojong). Efforts were made to address the increase in requests for marital dispensation by strengthening the role and cooperation between the Religious Courts, the Women's Empowerment and Child Protection Service (DP3A), and the community (family)..

Child Protection Post the New Marriage Law: How Indonesian Religious Court Interpreting the Urgency in Child-age Marriage

The amendment of the Law of Marriage in 2019 introduces the new concept of Dispensation of Marriage by providing some additional provisions: the obligations to provide the urgency of marriage and the specific supporting evidence in proving the urgency. This article aims to examine the interpretations of judges in Religious Court on defining the urgency of child-age marriage and the implementation of the supporting evidence in cases of Dispensation of Marriage. Based on the identification, the author analyzes the main questions about the protection of children's rights on those interpretations. Based on the normative legal research that examines the Rulings of Religious Court on the case of Dispensation of Marriage, this article uses the Nonprobability Sampling techniques, specifically the purposive sampling which refers to certain criteria, the author finds the inconsistencies in the interpretation of the urgency of marriage and the implementation of providing the supporting evidence, which influenced by 2 (two) factors, the Formal Regulation and the principle of judge’s independence. As a result, the author suggests detailed regulations regarding the supporting medical evidence, as well as the improvement of comprehensive and equal understanding for judges about the concept of child protection. Comparing to previous studies, this article shows its originality through a broader object study and comprehensive research analysis with more emphasis on juridical aspect, therefore that arguments and conclusions are built on a strong analytical foundation.

Pendidkan Seksual Di LP Maarif Untuk Mengurangi Permohonan Dispensasi Nikah Sebagai Ihtiar Membangun Peradaban Manusia.

This article tries to examine and discuss the role of the Nahdlatul Ulama in minimizing requests for dispensation from marriage that occurred in several areas in East Java, one of which is in Blitar. This request for a marriage dispensation is one of the challenges because it can damage the nation's civilization which has noble cultural values. There are several things discussed in this article which include (1) the impact of the Marriage Dispensation on national civilization; (2) The role of LP Ma'arif NU Blitar in minimizing the factors causing the dispensation of marriage; (3) what is the multiperspective perspective of marriage dispensation for national civilization. The results of this study are that the application for a marriage dispensation is not in accordance with a good solution because it can have an impact on society, the economy and the Islamic religion. To minimize this, Nahdlatul Ulama (NU) needs the important role of the LP Maarif institution as an institution assigned to oversee formal educational institutions under NU whose citizens are dominant in East Java, especially in Blitar Raya