Supreme Court Regulation Research Articles

Dispensasi Kawin dengan Alasan Sangat Mendesak di Mojokerto: Analisis Yuridis atas Perma No. 5 Tahun 2019

Ideally, the dispensation of marriage for urgent reasons is expected to provide a solution for couples caught in difficult situations, especially in the context of legal norms that protect individual rights. However, the implementation of marriage dispensation often faces challenges, particularly regarding the criteria and limitations set forth in Supreme Court Regulation No. 5 of 2019, leading to injustice for prospective brides and grooms. The aim of this research is to analyze the implementation of marriage dispensation at the Mojokerto Religious Court and assess the extent to which this regulation meets public expectations. This article is categorized as qualitative literature research, employing normative legal studies and comparative studies between classical scholars' thoughts and modern regulations. This research concludes two things: First, from a legal perspective, although challenges remain in its implementation in the field, Supreme Court Regulation No. 5 of 2019 provides clear guidelines for the dispensation of marriage. Second, the comparison between classical thought and modern regulations indicates a shift in focus from socio-cultural aspects to a more comprehensive protection of individual rights, reflecting the need for legal adaptation in response to evolving social dynamics.

Tinjauan Hukum Progresif terhadap Kesepakatan Partial Settlement

The The partial settlement provision is a new provision in Supreme Court Regulation (PERMA) No 1 of 2016 which has not been regulated in previous regulations, which is an interesting discussion that must be examined from a progressive legal perspective. The aim of this research is to test progressive legal theory regarding the renewal of partial settlement provisions in Supreme Court Regulation (PERMA) Number 1 of 2016. The research method in this research is normative juridical research with a conceptual approach using library data collection techniques or library research. The results of this research show that the update to Perma Number 1 of 2016 concerning partial settlement provisions has fulfilled the basic ideas of progressive law. Partial Settlement Provisions for a portion of the entire object of a case or lawsuit can create ideal law. The parties can resolve the legal consequences that arise peacefully, after the main lawsuit and will reach a happy ending. Partial settlement provisions will realize the function of mediation, namely as a peaceful settlement and provide ample space for the parties to reach a wise and fair settlement.

EFFECTIVENESS OF BUSINESS DISPUTE RESOLUTION THROUGH MEDIATION IN INDONESIA

This study investigates the effectiveness of mediation as a mechanism for resolving business disputes in Indonesia, focusing on its procedural efficiency and impact on the relationships between disputing parties. Employing a qualitative research approach with descriptive normative analysis, the research highlights the legal foundations of mediation established by laws such as Law No. 30 of 1999 and Supreme Court Regulation No. 1 of 2016, which mandate mediation prior to litigation. The findings reveal that while mediation presents significant benefits, including faster resolution times and cost savings, its effectiveness is contingent on several factors: public awareness, the quality of mediators, and the parties' willingness to engage collaboratively. The study emphasizes the importance of confidentiality, neutrality, and mutual interest as key principles in ensuring a fair mediation process. Despite the challenges faced, such as a preference for litigation and uncertainties regarding the enforcement of mediated agreements, the research indicates that mediation has the potential to enhance business relationships and streamline dispute resolution processes. The insights gleaned from this study not only contribute to the understanding of mediation within the Indonesian legal context but also offer valuable lessons for other jurisdictions aiming to develop their alternative dispute resolution frameworks.

BUILDING TRUST THROUGH CONTRACT: A LEGAL PROTECTION EFFORT FOR SERVICE PROVIDERS AND USERS IN THE DIGITAL ERA

This study investigates the effectiveness of mediation as a mechanism for resolving business disputes in Indonesia, focusing on its procedural efficiency and impact on the relationships between disputing parties. Employing a qualitative research approach with descriptive normative analysis, the research highlights the legal foundations of mediation established by laws such as Law No. 30 of 1999 and Supreme Court Regulation No. 1 of 2016, which mandate mediation prior to litigation. The findings reveal that while mediation presents significant benefits, including faster resolution times and cost savings, its effectiveness is contingent on several factors: public awareness, the quality of mediators, and the parties' willingness to engage collaboratively. The study emphasizes the importance of confidentiality, neutrality, and mutual interest as key principles in ensuring a fair mediation process. Despite the challenges faced, such as a preference for litigation and uncertainties regarding the enforcement of mediated agreements, the research indicates that mediation has the potential to enhance business relationships and streamline dispute resolution processes. The insights gleaned from this study not only contribute to the understanding of mediation within the Indonesian legal context but also offer valuable lessons for other jurisdictions aiming to develop their alternative dispute resolution frameworks.

The Contestation of Legal Foundations in the Resolution of Islamic Economic Disputes in Religious Courts

Prior to the issuance of Supreme Court Regulation No. 2 of 2008, judges in Sharia economic dispute cases primarily relied on legal sources from kutub al-turāṡ (classical fiqh texts), including those pertaining to fiqh al-qadā’ (jurisprudence on adjudication). However, following the implementation of this regulation, some judges have continued to incorporate the Civil Code in their legal reasoning. This article seeks to examine the legal framework for resolving Sharia economic disputes in Indonesia. The theoretical foundation applied by the author is Lawrence Meir Friedman’s legal system theory. This study employs a normative legal approach to explore the legal system governing Sharia economic justice in Indonesia’s Religious Courts. It examines decisions from the Religious Courts in Purbalingga, Banyumas, and Purwokerto, focusing on rulings made both before and after the issuance of the Supreme Court Regulation on the Compilation of Sharia Economic Law (KHES), as well as five decisions from 2018-2019. The study’s findings reveal that the legal framework for Sharia economic dispute resolution in Indonesia has adequately addressed community needs, with the Religious Courts holding exclusive jurisdiction over these matters. However, there is an ongoing contestation between Islamic legal sources and civil law, which is rooted in Dutch law, in the decisions analyzed. Moreover, the absence of a Compilation of Islamic Economic Procedure Law based on Islamic Law has contributed to the suboptimal implementation of legal substance and culture. As a result, according to Friedman’s legal system theory, the legal framework for resolving Islamic economic disputes has not yet functioned effectively from the perspective of Islamic law.

ENSURING JUDICIAL INDEPENDENCE BY EVALUATING THE RECRUITMENT PROCESS AND LEGAL FRAMEWORK FOR JUDGES IN INDONESIA

As the highest judicial institution, the Supreme Court exercises its powers freely and independently. Judges must have morals, principles of justice, and adhere to a code of ethics. Judges must uphold justice in resolving disputes or legal cases and ensure that society receives justice. As state officials, the recruitment process for judges should be separated from the recruitment of civil servants. The position of judges as state officials should be regulated comprehensively by law. This research examines the recruitment process of judges as independent implementers of judicial power. The research method used is descriptive, using qualitative data analysis with a normative juridical approach. Supreme Court Regulation Number 1 of 2021 concerning Amendments to Supreme Court Regulation Number 2 of 2017 concerning the Procurement of Judges regulates the need for judges in General Courts, Religious Courts and State Administration through the acceptance of Candidates for Civil Servants that needs to be improved. This need arises because there are no legal provisions regarding the recruitment of judges as state officials. In the future, provisions for the recruitment of judges should be regulated through Government Regulations so as not to impact the independence of judges as implementers of judicial power.

THEFT PUNISHMENT IN ISLAMIC LAW AND INDONESIAN CRIMINAL LAW: INITIATIVE FOR HARMONIZATION FROM THE PERSPECTIVE OF SHARUR’S BOUNDARY THEORY

This study seeks to find a formula on how Islamic law contributes to Indonesian criminal law reform, particularly in the imposition of theft, by utilizing Sharur's Boundary Theory (Naẓariyyah al-Ḥudūd). This field of research is considered imperative because the implementation of Supreme Court Regulation Number 2 of 2012 concerning Adjustments to the Limits on Misdemeanor Crimes and the Number of Fines in the Criminal Code (Misdemeanor Crimes) is felt to have not been maximized. This study uses normative juridical research methods, with descriptive-qualitative analysis. It can be deducted from this study that the theory of the boundaries of the ijtihad area determines the punishment in Islamic. The punishment for the crime of theft, the amputation of the hands mentioned in the Qur'an, is the maximum form of punishment. Thus, it is possible that there are punishment in other forms that fall under the category of cutting off one's hand, based on several verses of the Qur’an, including in Al-Māʾidah 5:38, al-Isrāʾ 17:33, al-Baqarah 2:178, and al-Nisāʾ 4:92. Even though this opinion may raise objections, for the purposes of reforming Indonesian Criminal Law, it is suggested that this opinion is still relevant for consideration. The study emphasizes the significance of understanding and considering Sharur's boundary theory for judges to make informed decisions in Sentencing.

Implementation of Dispute Resolution Through Mediation in Civil Cases of Land Ownership Disputes Based on Supreme Court Regulation Number 1 of 2016 concerning Mediation

Implementation of Dispute Resolution Through Mediation in Civil Cases of Land Ownership Disputes Based on Supreme Court Regulation Number 1 of 2016 concerning Mediation

The Effectiveness of Electronic Trials in the Jurisdiction of the District Court Semarapura Class II Based on Supreme Court Regulation Number 7 of 2022

Electronic trials, also known as e-trials, represent a significant innovation in the judicial process by integrating technology into court proceedings. These trials utilize digital platforms to manage and conduct various aspects of the trial process, including the submission of evidence, witness testimonies, and legal arguments. However, the adoption of electronic trials also presents challenges that must be carefully considered. This study aims to determine the effectiveness of electronic trial in the jurisdiction of the Semarapura District Court Class II based on Perma Number 7 of 2022, and the obstacles experienced in its implementation. The research contributes to a deeper understanding of the challenges that courts may face in adopting such systems, thereby offering critical information that could inform future improvements and policy adjustments.

Juridical Review Of Mediation Legal Products Outside Court In Connection With Supreme Court Regulation Number 1 Of 2016 Regarding Mediation Procedure In Court

<em>The social dynamics that stand up in recent times maintain to amplify so all of sudden that it has caused the formation of intense opposition schemes in all factors of life that involve stakes and social forces. Conflicts, disputes, and argumentative debates are one of the efforts made through humans to defend their stance and popularity inside the approach of conducting an hobby. Disputes stand up due to the truth there are several interests that conflict with every one of a kind. Basically, dispute resolution can be finished in methods, what's generally used is dispute resolution via the courts, then with the development of human civilization, dispute resolution outside the court has moreover advanced. The hassle is how the implementation of mediation outdoor the court is connected to Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court and the way binding prison pressure is to the legal products because of mediation outdoor the court docket docket. The technique approach used is normative juridical approach. The result of the studies is article 36 wherein the parties without or with the help of a certified Mediator who efficiently treatment disputes outdoor the Court with a Settlement Agreement can put up a Settlement Agreement to the prepared Court to achieve a Settlement Deed by means of submitting a lawsuit and attached with a Settlement Agreement and files as evidence that suggests the legal relationship of the Parties with the object of the dispute and the peace agreement due to the mediation technique out of doors the court docket docket is best an regular settlement but in fact it's miles all sufficient and is finality.</em>

Implementation of Supreme Court Regulation No 7 of 2022 concerning electronic case administration and court proceedings at The Denpasar District Court

The implementation of electronic trials (e-Litigation) at the Denpasar District Court is a significant step forward in the modernization of the judicial system. This study aims to find out the implementation of the electronic trial and the obstacles encountered during its implementation. The research contributes by providing insights into the practical challenges of adopting electronic trials in a specific judicial context, potentially offering recommendations for overcoming these obstacles. The findings could be valuable for policymakers, legal practitioners, and other courts looking to optimize their own implementation of e-Court.

Implementation of Supreme Court Regulation Number 3 of 2022 concerning electronic mediation in the jurisdiction of The Denpasar District Court

The integration of electronic systems into the judicial process represents a significant advancement in legal practice. The advent of e-Court and electronic mediation represent a broader trend towards integrating technology to improve the efficiency and reach of judicial processes. This study aims to find out the stages of implementation of Supreme Court Regulation Number 3 of 2022 concerning Electronic Mediation in the jurisdiction of the Denpasar District Court, and the inhibiting factors of the implementation of the regulation in this jurisdiction. The study provides valuable insights into the practical application of electronic mediation, highlights challenges faced in the field, and offers recommendations for improving the regulatory process and overcoming obstacles. This research could evaluate how legal representatives support parties in fulfilling their rights and obligations during electronic mediation. Additionally, investigating the specific obstacles related to software and human resources could provide insights into how these challenges impact the mediation process.

MEDIASI YUDISIAL KE DALAM SISTEM PERADILAN PERDATA DI INDONESIA

Judicial mediation is an alternative method of dispute resolution that has been growing rapidly lately. Judicial mediation assigning judges as mediators has many advantages. The success of this mediation is expected to ease the task of the judge because with this mediation it means that the parties to the dispute have contributed to the implementation of the principle of fast, simple and low-cost justice. As for the background of the problem, how effective is the judicial mediation itself in the civil justice system and what are the obstacles during judicial mediation in civil courts. The purpose of writing this thesis is to find out the effectiveness of Judicial Mediation and the obstacles that occur in Civil Courts. 1 of 2002 concerning the Empowerment of Courts of First Instance to Implement Peaceful Institutions. Supreme Court Regulation (PERMA) Number 2 of 2003 concerning Mediation Procedures in Courts. PERMA Number 1 of 2008 concerning Mediation Procedures in Courts. PERMA Number 1 of 2016 concerning mediation procedures in court. The results of the study concluded that the effectiveness of the implementation of Judicial Mediation in Civil Courts is ineffective because of the small peace agreement in the implementation of mediation. This can be seen from the obstacles in reaching a peace agreement in the Judicial Mediation process in Civil Courts which are still low due to the fact that first the parties do not have good faith in mediation, the two mediator judges in court are still few, third the number of impartial advocates or lawyers to reconcile .

Diversi Bagi Anak Pelaku Tindak Pidana Kejahatan yang Jatuhan Pidananya Diatas 7 Tahun

Diversion is a critical mechanism in the juvenile criminal justice system in Indonesia, aimed at protecting the rights of children and preventing the negative impacts of formal criminal proceedings. This normative legal study explores the challenges and potential improvements in implementing diversion for juvenile offenders facing sentences over 7 years. The study utilizes secondary data sources, including the Indonesian Juvenile Criminal Justice System Law (Law No. 11 of 2012), Supreme Court Regulation No. 4 of 2014 on Diversion Guidelines, and relevant literature on restorative justice and child protection. The analysis reveals significant barriers, such as legal limitations, cultural factors, and inconsistencies with international standards like the Beijing Rules. The study concludes with recommendations for revising existing legislation to remove the 7-year sentence limitation, enhancing coordination among legal and rehabilitation institutions, providing restorative justice training for law enforcement, and increasing public awareness of the importance of diversion and child rights protection. These steps are essential for ensuring a more just and effective implementation of diversion in Indonesia.

Judge's Considerations When Handing Down Marriage Dispensation Decisions in Aceh Singkil Regency for the 2019-2023 Period

This study aims to comprehensively examine the reality of the dynamics of marriage dispensation application cases at the Singkil Sharia Court, Aceh Singkil Regency, the judge's considerations in accepting or rejecting marriage dispensation applications, and the legal basis used by the judge in deciding marriage dispensation cases at the Singkil Sharia Court, Aceh Singkil Regency. This study uses a naturalistic qualitative approach with a field research method. Data collection techniques are carried out through observation, interviews, and documentation. This study is descriptive naturalistic, which aims to clearly and in detail describe the social reality at the Singkil Sharia Court, Aceh Singkil Regency. The results of the study indicate that the process of submitting a marriage dispensation application at the Singkil Sharia Court reflects the same requirements as the Supreme Court Regulation (Perma) No. 5 of 2019. The findings indicate that the main reasons for the application include parental concerns about indecent behavior, customary considerations and scheduling of wedding receptions, and premarital sexual relations. The judge's basis for deciding on a marriage dispensation application involves considerations such as the absence of parents in mediation, family pressure, and document inconsistencies. The judge's considerations in deciding on a marriage dispensation include the child's readiness to live in a household, psychological and financial capabilities, and approval from the extended family. This study emphasizes the importance of adjusting decisions to existing regulations to ensure fairness.

TEORI EFEKTIVITAS PADA PROSEDUR PEMERIKSAAN PERKARA DI PENGADILAN TATA USAHA NEGARA

The purpose of this research is first to discover the development of case examination procedures in the current State Administrative Court. Second, to determine the current case examination procedure in the State Administrative Court associated with the Theory of Effectiveness. The type of research used is normative research which places the law as a system of norms, with descriptive analytical methods, namely by describing existing problems and analyzing them. The results of this study show First, there has been an expansion of the competence of the State Administrative Court in receiving, examining & adjudicating a case. The State Administrative Court Law that has not regulated this has resulted in a procedural law vacuum so that the Supreme Court in the 2011-2017 timeframe issued its legal products in the form of Supreme Court Regulations, namely the State Administrative Court Law which previously only regulated 3 types of case examination procedures, namely ordinary examination, simple examination, and rapid examination, currently there are several new case examination procedures regulated in 5 Supreme Court Regulations. Second, in terms of one of the factors in the Theory of Effectiveness, namely the legal factor itself (the law), this factor states that to determine whether a written law functions or not depends on the rule of law itself, one measure of the success of this factor is that the existing rules regarding certain areas of life are quite synchronous / there is no horizontal conflict & hierarchy, but the current main regulation, namely the State Administrative Court Law, in fact has not been synchronised with other regulations issued by the Supreme Court in the form of Supreme Court regulations which aim to fill the void of procedural law, especially the law of examination.

EFEKTIVITAS MEDIASI DALAM PENYELESAIAN PERKARA PERCERAIAN DI PENGADILAN AGAMA PURWODADI

<p>Initially, mediation was part of an alternative dispute resolution method in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Mediation is considered an effective tool for resolving disputes quickly and cheaply and can provide parties with better access to finding satisfactory solutions. In this research, we examine the effectiveness of mediation in resolving divorce cases at the Purwodadi Religious Court. This research aims to determine the level of success of mediation at the Purwodadi Religious Court, the inhibiting factors and efforts to resolve it. This research uses a normative juridical type of research. The research used descriptive and qualitative research which took place at the Purwodadi Religious Court. Data taken in the field was collected using observation, interview and note-taking techniques. The collected data is then processed using data reduction analysis, data presentation and concluding. Based on the results of research regarding the effectiveness of mediation in divorce cases at the Purwodadi Religious Court, this is following Supreme Court Regulation (PERMA) Number 1 of 2016 concerning procedures for mediation in court. The mediator had difficulty reconciling the parties due to several factors and considered mediation to be ineffective. Inhibiting factors include the absence of one of the parties, the strong desire of the parties to divorce, family disputes that can no longer be maintained, psychological or mental factors of disappointment (psychiatric), lack of knowledge of mediation between the parties, community compliance, lack of intention. Good. Efforts to resolve these include: Providing guidance and counselling, the parties are active/open to resolving the case, providing counselling on the importance of mediation, the mediator's abilities, mediation facilities and electronic mediation.</p>

The Role of Mediators in Assisting in Settlement Civil Cases in Court

The implementation of Mediation is regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures and has been carried out in accordance with applicable provisions starting from the pre-mediation stages, the mediation process, mediation reaching an agreement, mediation not reaching an agreement, and the end of the mediation. The mediator has a role as a neutral party who can perform a role according to his capacity with a number of skills, which are obtained from education, training and experience in resolving conflicts or disputes. Meanwhile, its function is to improve various communication weaknesses between the parties which usually have obstacles and psychological barriers, as well as encouraging the creation of a conducive atmosphere for starting negotiations, providing insight into the process and substance of ongoing negotiations, clarifying substantial issues and respective interests. each of the parties. The obstacle found in the mediation process was that the parties felt that their legal interests were not being met, as a result there was no meeting of mind and agreement to resolve the problem based on the principle of a win-win solution. The solution to overcome obstacles in mediation is Article 13 paragraph (1) PERMA No.1 In 2016, basically a Mediator is a person who is not a Judge who has received and obtained a Mediator certificate from an institution that has been accredited by the Supreme Court, however there are exceptions to this article which in the previous regulations, namely PERMA No. 1 of 2008 Article 5 paragraph (2) is also regulated, which provides leeway if in a judicial environment there is no certified Mediator, then the Judge who is in that judicial environment based on the decision of the Chief of Court can become a Mediator

Kedudukan Upaya Administratif dalam Dismissal Process dan Konstruksi Ideal Pemeriksaan Syarat Formal Gugatan

This article analyzes administrative effort in the relation of Article 62 Law 5/1986 with Article 75 Law 30/2014 and Article 2 Supreme Court Regulation 6/ 2018. The purposes are: 1) To analyze the position and urgency taken by administrative effort in the dismissal process examination by the chairman; and 2) To formulate the ideal formula for examining the formal requirements of the administrative lawsuit before being examined by the panel of judges. This article aims to provide a practical explanation of these norms. It is a normative juridical type with a statute, a conceptual, and a caseapproach. The results are: 1) Administrative effort is a formal requirement in filing a lawsuit related to competence, so the chairman can determine that the lawsuit is not accepted; 2) The dismissal process and the preparatory examination by analogy has similarities, therefore these examinations can be combined with the condition that in filing a lawsuit, the plaintiff is required to attach evidence of having taken administrative effort. It recommends that executive/legislature make regulations related to the procedural law for examining administrative effort, and for the supreme court to review the norms and practices of the dismissal process and the preparatory examination in relation to formal requirements for filing a lawsuit.

Review of Supreme Court Regulation Number 5 of 2019 on The Consideration of The Judge Rejecting Dispensation of Pregnant Marriage (Analysis of Decision Number 85/Pdt.P/2023/PA.Pn)

Abstract This study is motivated by the rejection of a request for dispensation of marriage by the judge of the Painan Religious Court with the condition that the child who applied for dispensation of marriage was pregnant outside of marriage due to her intimate relationship with her prospective husband. The judge's consideration rejected the application because the applicant’s child and husband candidate were not ready for marriage and free sexual behavior was increasingly rampant. This case is a dilemma considering the emergency situation of the pregnant the applicant’s child, where the judge is faced with two potential harms in granting or rejecting the petition. The purpose of this study is to determine the legal basis for the judge's consideration in rejecting the application for dispensation to marry the case and to find out the review of Supreme Court Regulation Number 5 of 2019 on Guidelines for Adjudicating Marriage Dispensation Applications against the judge's consideration. This type of research is normative legal research with a case approach. The collection of legal materials is done through document studies and literature studies. The results showed that the legal basis for the judge's consideration was Supreme Court Regulation Number 5 of 2019 as a guide in adjudicating cases, surah at-Tahrim verse 6, hadith about the recommendation to marry for those who are able, the opinion of scholars about the prohibition of marriage of pregnant women, Article 80 paragraph (2) of the Compilation of Islamic Law, and fiqh rules on rejecting harm in assessing the readiness of parties to marry. Based on the review of Supreme Court Regulation Number 5 of 2019 and the judge's consideration that the judge was not too sharp in digging up information, assessing the feasibility of the parties, and considering the social and psychological impact on the the applicant’s child and the fetus that is being conceived so that the protection and best interests of the child are not maximally implemented, the judge's rejection of this marriage dispensation application as a form of legal certainty by the judge to provide legal order for the phenomenon of free sex that is rampant in society. Keywords: Supreme Court Regulation Number 5 of 2019, Judge’s Consideration, Marriage Dispensation Abstrak Penelitian ini dilatarbelakangi adanya penolakan permohonan dispensasi kawin oleh hakim pengadilan agama painan dengan kondisi anak yang dimohonkan dispensasi kawin tengah hamil diluar nikah akibat hubungan intimnya dengan calon suami. Pertimbangan hakim menolak permohonan karena Anak pemohon dan calon suami belum siap untuk menikah dan semakin merajalelanya perilaku seks bebas. Perkara ini bersifat dilematis mengingat keadaan darurat dari anak pemohon yang tengah hamil, dimana hakim dihadapkan dua potensi kemudaratan dalam mengabulkan atau menolak permohonan. Tujuan penelitian ini untuk mengetahui dasar hukum pertimbangan hakim dalam menolak permohonan dispensasi kawin perkara tersebut dan mengetahui tinjauan perma nomor 5 tahun 2019 tentang pedoman mengadili permohonan dispensasi kawin terhadap pertimbangan hakim tersebut. Jenis penelitian ini adalah penelitian hukum normatif dengan pendekatan kasus. Pengumpulan bahan hukum dilakukan melalui studi dokumen dan studi pustaka. Hasil penelitian menunjukan bahwa dasar hukum pertimbangan hakim adalah dengan perma nomor 5 tahun 2019 sebagai panduan dalam mengadili perkara, surah at-tahrim ayat 6, hadits tentang anjuran menikah bagi yang sudah mampu, pendapat ulama tentang haramnya perkawinan wanita hamil, pasal 80 ayat (2) kompilasi hukum islam, dan kaidah fikih tentang menolak kemudaratan dalam menilai kesiapan pihak untuk menikah. Berdasarkan tinjauan perma nomor 5 tahun 2019 terhadap pertimbangan hakim tersebut bahwa hakim tidak terlalu tajam dalam menggali informasi, menilai kelayakan para pihak, dan mempertimbangkan dampak sosial dan psikologis terhadap anak pemohon dan janin yang tengah dikandungnya sehingga perlindungan dan kepentingan terbaik bagi anak tidak terlaksana secara maksimal, penolakan hakim atas permohonan dispensasi kawin ini sebagai wujud kepastian hukum oleh hakim untuk memberikan ketertiban hukum atas fenomena seks bebas yang tengah merajalela di tengah masyarakat. Kata Kunci: Perma Nomor 5 Tahun 2019, Pertimbangan Hakim, Dispensasi Kawin