%A NIM.: 22203012018 Wildan Zulfikar Rasyid
%O Dr. Malik Ibrahim, M.Ag
%T TINJAUAN YURIDIS NORMATIF TERHADAP PERTIMBANGAN HUKUM HAKIM DALAM MENETAPKAN PERMOHONAN DISPENSASI KAWIN (STUDI TERHADAP PENETAPAN PENGADILAN AGAMA BOYOLALI NOMOR 35/PDT.P/2024/PA.BI DAN NOMOR 50/PDT.P/2024/PA.BI)
%X Marriage dispensation is permission from the court for a prospective bride
and groom who have not reached the minimum age for legal marriage. It is
usually applied for by parents or guardians because of concerns about violating
social and religious norms, or because of pregnancy outside marriage. The judge
has the discretion to grant or deny the application based on the facts and legal
considerations at trial. This research highlights the differences in considerations in
two stipulations by the same judge at PA Boyolali. In Stipulation No.
35/Pdt.P/2024/PA.Bi, the application was granted due to the close relationship of
the prospective bride and groom and the economic readiness of the prospective
husband. In contrast, in Stipulation No. 50/Pdt.P/2024/PA.Bi, the application was
rejected even though the wife-to-be was five months pregnant, because she was
considered psychologically unprepared and underage. The difference in the
judge's consideration of the two stipulations became the focus of the research.
This thesis uses a library research method with a normative legal approach
and is descriptive and analytical in nature. Data collection techniques were carried
out through documentation, namely a study of court decision documents. The data
used is secondary data, including primary legal materials (Collection of Islamic
Law, Marriage Law, and Decision No. 35/Pdt.P/2024/PA. Bi and
50/Pdt.P/2024/PA.Bi), secondary legal materials (such as books, journals,
scientific articles, and expert opinions), and tertiary legal materials (legal
dictionaries and encyclopedias).
The research findings indicate that Decisions No. 35/Pdt.P/2024/PA.Bi and
No. 50/Pdt.P/2024/PA.Bi both reflect procedural justice as they were rendered
through valid legal mechanisms. However, through John Rawls' Theory of Justice,
Decision No. 50 better reflects substantive justice because it rejects marriage
dispensation for a 13-year-old girl in order to protect her rights to education,
health, and development. Conversely, Decision No. 35, although procedurally
valid, still leaves room for substantive injustice due to potential social pressure
and economic vulnerability. Both decisions highlight the importance of protecting
vulnerable groups, although the Rawlsian principle applied remains remedial and
has not addressed the structural roots of the issue of child marriage
comprehensively. Meanwhile, from the perspective of Sudikno Mertokusumo's
legal discovery theory, the judges applied different interpretation methods in the
two rulings, namely sociological interpretation in Ruling No. 35/Pdt.P/2024/PA.Bi
and teleological interpretation in Ruling No. 50/Pdt.P/2024/PA.Bi.
%K Pertimbangan Hukum Hakim, Dispensasi Kawin, Keadilan,
Penemuan Hukum, Penetapan No. 35/Pdt.P/2024/PA.Bi,
Penetapan No. 50/Pdt.P/2024/PA.Bi
%D 2025
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib72220