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TAFSIR KEADAAN MENDESAK TERHADAP PEMOHON DISPENSASI KAWIN (PERSPEKTIF HAKIM PENGADILAN AGAMA YOGYAKARTA)
This study is motivated by the increasing number of marriage dispensation requests following the amendment of the minimum age of marriage in Law Number 16 of 2019. This phenomenon indicates a discrepancy between the applicable legal norms and the social realities within society, particularly regarding the reason of “urgent circumstances” which is frequently used as the basis for submitting marriage dispensation requests. In practice, this reason has various interpretations and does not always have clear limitations, thus potentially leading to differences in interpretation among judges. Therefore, the main problem in this study is how judges interpret the concept of urgent circumstances and what factors influence their considerations in deciding marriage dispensation cases at the Religious Court of Yogyakarta. This study employs a normative juridical legal research method with a qualitative approach. The data used are secondary data obtained through library research, including statutory regulations, legal literature, and court decisions related to marriage dispensation cases. This study applies the theory of legal interpretation to understand how judges interpret legal norms, using a statute approach and a conceptual approach. The data analysis technique is carried out descriptively and analytically by examining in depth the patterns of judges’ considerations in the decisions studied. The results of this study indicate that judges’ interpretation of the concept of “urgent circumstances” tends to be flexible, contextual, and considers various non-juridical aspects. Factors such as premarital pregnancy, already having a child, and the existence of relationships outside of marriage are dominant considerations in granting marriage dispensation requests. However, there are differences in interpretation among judges, indicating a degree of subjectivity in the application of the law. This condition suggests the need for clearer and more comprehensive guidelines to ensure consistency in decisions and to provide optimal legal protection for children as vulnerable parties in marriage dispensation cases.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
TAFSIR KEADAAN MENDESAK TERHADAP PEMOHON DISPENSASI KAWIN (PERSPEKTIF HAKIM PENGADILAN AGAMA YOGYAKARTA) (Text)
TAFSIR KEADAAN MENDESAK TERHADAP PEMOHON DISPENSASI KAWIN (PERSPEKTIF HAKIM PENGADILAN AGAMA YOGYAKARTA) (Other)
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