PERTIMBANGAN HAKIM DALAM MENETAPKAN PERKARA PERMOHONAN DISPENSASI KAWIN (STUDI KASUS DI PENGADILAN AGAMA CIAMIS)

Muhammad Ihza Al Azkiya, NIM.: 20103040100 (2024) PERTIMBANGAN HAKIM DALAM MENETAPKAN PERKARA PERMOHONAN DISPENSASI KAWIN (STUDI KASUS DI PENGADILAN AGAMA CIAMIS). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriage dispensation is a solution to parents' unrest over the problem of their children's marriage age, although marriage dispensation is a solution to underage marriage, it is not recommended because it has a negative impact and creates new problems. The problems that arise due to underage marriage are vulnerable to poverty because economically they are not ready to work, and there is also exploitation of children who eventually have to drop out of school to work and care for their children. Dispensation of marriage is a separate problem with the existence of regulations regarding child protection, by ensuring the growth and development of children and encouraging the best interests of children, so that it is necessary to be careful and thorough for judges in determining marriage dispensation cases. The type of research in this study was conducted by field research. The research method used by the author is a descriptive-analytical qualitative research method. The research approach used in this research is juridical-empirical with data collection techniques using interviews, literature studies, and documentation. The results of this study conclude that the basis of consideration used by judges in determining marriage dispensation cases at the Ciamis Religious Court is Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, Supreme Court Regulation (PERMA) Number 5 of 2019, Law Number 35 of 2014 concerning Child Protection, as well as Ushul Fiqh rules which state that leaving a damage is preferred over taking a good. Judges in determining marriage dispensation are carried out on the basis of the best interests of the child, and are in accordance with the basic principles of the Convention on the Rights of the Child which include non-discrimination, the best interests of the child, the right to life, survival, and development, and respect for the opinion of the child.

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