DINAMIKA SIKAP HUKUM HAKIM DALAM PERKARA DISPENSASI NIKAH: KAJIAN PERTIMBANGAN HUKUM PENOLAKAN PERKARA DI PENGADILAN AGAMA BANTUL

Kuni Qoneta, S.H., NIM.: 23203011155 (2025) DINAMIKA SIKAP HUKUM HAKIM DALAM PERKARA DISPENSASI NIKAH: KAJIAN PERTIMBANGAN HUKUM PENOLAKAN PERKARA DI PENGADILAN AGAMA BANTUL. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Indonesia has set a minimum age for marriage through Law No. 1 of 1974 and the KHI, which was later amended through Law No. 16 of 2019. However, underage marriage still occurs in Indonesian society, so requests for marriage dispensations continue to be submitted to religious courts in various regions. The minimum marriage age, which was initially 16 years for women and 19 years for men and later amended to 19 years for both, still poses challenges in terms of understanding and practice within society, including among the general public and legal enforcers at Religious Courts. Underage marriages are also filed by couples in the Bantul region, as evidenced by case data at the Bantul Religious Court. Generally, these exemption requests are granted by judges at the Bantul Religious Court on the grounds of pregnancy outside of marriage and adultery. However, in recent practice, judges have also shown a tendency to reject exemption requests. This study was conducted to examine the legal stance of judges regarding the rejection of exemption requests. This study aims to examine the reasons and legal basis for judges' decisions to reject requests for dispensation. It also aims to examine how judges interpret the concept of urgent reasons for rejecting marriage dispensation in relation to the reasons given by the parties and their relevance to religious, economic, and cultural aspects as mandated in PERMA No. 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensations. This study is a field research with an empirical legal approach. It is a descriptive analytical study that aims to describe and analyze the dynamics of judges' legal considerations in rejecting marriage dispensation requests. This study is based on two sources of data, namely primary and secondary data. The primary data consists of 14 decisions issued by the Bantul Religious Court. In addition to the rulings, this study is also based on an interview with one judge from the Bantul Religious Court. Observations and documentation were also conducted to reinforce the data collected through the interview. This data was analyzed using progressive interpretation, emphasizing grammatical, authentic, historical, and teleological or social interpretations. This study shows that: first, in rejecting requests for marriage dispensation, judges at the Bantul Religious Court base their decisions on legal grounds, including Law No. 1 of 1974, KHI, Law No. 16 of 2019, Law No. 23 of 2002 on Child Protection, PERMA No. 5 of 2019, particularly regarding urgent reasons, and the Quran, Surah An-Nisa' verse 21 and Surah Ar-Rum verse 21. Second, the legal considerations of the judges in rejecting cases filed on the grounds of adultery, fear of adultery, and pregnancy are based on the understanding that there are no urgent reasons in the petitions filed, namely that in this case, the parties still wish to continue their education, the prospective husband is not yet financially stable, and there are elements of coercion. Third, the judges have a progressive interpretation of the concept of compelling reasons, emphasizing historical and social interpretations. For judges, adultery is not always an urgent reason, and when a rejection is made, according to the judge, it will not cause harm. This interpretation also applies to cases of dispensation requests based on pregnancy, which, according to the judge, if granted, would cause long-term harm. In addition to religious protection, economic aspects are also a concern for judges, who emphasize the financial capacity of the husband. In practice, the rejection is also based on the judges' understanding that in Bantul there are no strong cultural aspects that lead to the granting of dispensations, as can be seen in other regions.

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