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PENOLAKAN PERMOHONAN DISPENSASI KAWIN: PEMAHAMAN HAKIM DAN PENETAPAN PENGADILAN AGAMA WONOSOBO TAHUN 2024
This study examines the reasons behind judges' rejection of marriage dispensation requests at the Wonosobo Religious Court in 2024. Marriage dispensation is a legal permit granted by the court for individuals under the legally stipulated marriage age. However, not all requests are approved. This research aims to analyze the factors influencing judges' decisions to deny marriage dispensation and how the principle of the best interests of the child is applied in these rulings. This study employs a qualitative method with a juridical-empirical approach. Primary data was obtained through court ruling documentation and interviews with judges handling marriage dispensation cases. Secondary data was collected from legal regulations, literature, and academic journals. Data collection techniques included observation, interviews, and document analysis, while data analysis was conducted inductively to interpret empirical findings comprehensively. The findings reveal that judges reject marriage dispensation requests based on various considerations, including the child's mental and emotional immaturity, negative impacts on education, and potential social and economic risks for underage spouses. Judges emphasize that the principle of the best interests of the child, as mandated by the Convention on the Rights of the Child and Supreme Court Regulation (PERMA) No. 5 of 2019, must be the primary consideration when evaluating these requests. Consequently, judges have become more selective in granting marriage dispensations and tend to reject applications that do not present clear and measurable "urgent reasons."
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PENOLAKAN PERMOHONAN DISPENSASI KAWIN: PEMAHAMAN HAKIM DAN PENETAPAN PENGADILAN AGAMA WONOSOBO TAHUN 2024 (Text)
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346.01 Hukum Keluarga - Hukum Pernikahan