SIKAP HUKUM HAKIM TERHADAP PERMOHONAN DISPENSASI PASCA PERUBAHAN USIA MINIMUM DARI TAHUN 2020-2023: KAJIAN PUTUSAN DI PENGADILAN AGAMA KAJEN

H. Yusril Bariki, S.H., M.E., C.Me, NIM.: 22203011007 (2024) SIKAP HUKUM HAKIM TERHADAP PERMOHONAN DISPENSASI PASCA PERUBAHAN USIA MINIMUM DARI TAHUN 2020-2023: KAJIAN PUTUSAN DI PENGADILAN AGAMA KAJEN. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriage has an important meaning in human life where marriage has legal consequences, not only for the couple concerned, but also for their children, parents, family, and society in general. This study aims to determine the legal attitude of judges in responding to requests for marriage dispensation at the Kajen Class I B Religious Court. Furthermore, another objective is to analyze the legal attitude of judges regarding requests for marriage dispensation that have reflected the provisions of the principle of urgent reasons and provisions for fulfilling supporting documents. This study uses empirical juridical, namely examining the way judges practice law in court through observation and interviews. The primary data sources are the Kajen Religious Court Judge (1 person), the young legal clerk of the Kajen Religious Court (1 person), decisions on marriage dispensation cases in the period 2021-2023 (4 decisions). The primary legal materials are Law 1 of 1974, KHI, Law 16 of 2019 and Perma No. 5 of 2019. Secondary data that supports the research are literature studies in the form of fiqh, books, journals and other sources. Then the data found was analyzed and presented descriptively. This study concludes that, first, judges have attempted to conduct ijtihad to realize the principle of the best interests of the child, in this context the judges consider the age of the candidates and also the reasons for the dispensation request. Along with the increasing age of the couple in submitting the request from previously 13 years, 14 years to 16 years, 17 years, the judges also consider the age of the applicants. Regarding the reasons, the judges consider the reasons for the interests of protecting religion to be more dominant. Second, with the changes in the marriage law, related to the supporting document factors and urgent reasons, the judges have attempted to emphasize the fulfillment of supporting documents for the marriage dispensation application. In the supporting documents, the judges consider the fulfillment of health documents and psychological documents. In the urgent reasons that tend to be the most religious aspects, while the cultural and economic aspects are only supporting and become aspects of the judge's consideration in the readiness of the applicant's independence.

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