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PERTIMBANGAN HAKIM DALAM MENGABULKAN PERMOHONAN DISPENSASI KAWIN TANPA KEHAMILAN (STUDI PENETAPAN DI PENGADILAN AGAMA WATES TAHUN 2023-2025)
Child marriage through marriage dispensation remains a serious issue because it has the potential to cause various social, legal, and psychological impacts. At the Wates Religious Court, marriage dispensation requests are generally submitted for various reasons, but in practice, pregnancy outside of marriage has been the most dominant reason. This is influenced by the ambiguity of the phrase “very urgent reasons” in the Marriage Law, which is often narrowly interpreted as referring to the pregnancy of the bride or groom. However, over time, there have been variations in marriage dispensation requests that are submitted without the factor of pregnancy outside of marriage. This phenomenon raises new questions regarding the standards used by judges in assessing “very urgent reasons” other than pregnancy. In such circumstances, considerations are often directed at mental readiness and emotional relationships, as well as the results of psychological counseling sessions with the prospective bride and groom as a basis for assessing the eligibility of the request. This study aims to explain how judges consider granting marriage dispensation requests without the factor of pregnancy outside of marriage, as well as how the results of counseling or psychological assessments play a role for judges in marriage dispensation requests without the factor of pregnancy at the Wates Religious Court. This study employs a field research method with a descriptive-analytical research design. The approach used in this study is the empirical-juridical research approach, which examines the law not only from a normative perspective but also in terms of its practical application. Data were collected through interviews with relevant informants and analyzed using qualitative methods. The data sources used include primary data in the form of Religious Court rulings, as well as interview results with judges from the Wates Religious Court and officials from the Kulon Progo Regency Social, Women’s Empowerment, and Child Protection Agency. Additionally, this study is supported by secondary data in the form of relevant laws and regulations, journals, and theses. The results of the study show that in cases of marriage dispensation without pregnancy, the considerations of judges at the Wates Religious Court tend to focus on certain factors, such as the child's desire to know and agree to the marriage plan, the psychological readiness of the child as a prospective bride or groom in terms of mental and emotional aspects, the economic readiness of one of the partners, educational status, as well as the social environment and the role of local officials. In cases of marriage dispensation requests filed without pregnancy, it can be seen that the results of counseling or psychological assessments from the Kulon Progo Social Services Agency play an important role as a tool to assist judges in obtaining an objective picture of the condition of the child for whom marriage dispensation is requested as a prospective bride or groom. In this case, the results of psychological counseling can be a solution to the limitations of judges who are not equipped with special knowledge to assess the psychological condition of children in depth. In addition, the results of psychological counseling or assessment also play a decisive role for judges in granting or rejecting the submitted request.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PERTIMBANGAN HAKIM DALAM MENGABULKAN PERMOHONAN DISPENSASI KAWIN TANPA KEHAMILAN (STUDI PENETAPAN DI PENGADILAN AGAMA WATES TAHUN 2023-2025) (Text)
PERTIMBANGAN HAKIM DALAM MENGABULKAN PERMOHONAN DISPENSASI KAWIN TANPA KEHAMILAN (STUDI PENETAPAN DI PENGADILAN AGAMA WATES TAHUN 2023-2025) (Other)
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