Juridical and Sociological Considerations of Judges in Granting Marriage Dispensation after Enactment Law No. 16 Of 2019

Abstract

This research is motivated by many applications for dispensation for Marriage after implementing the latest law related to the age limit for Marriage. This study examines judges' considerations from both normative and social aspects so that this dispensation application can be accepted. This research focuses on 1) how does the Judge review the application for a marriage dispensation after enacting Law Number 16 of 2019 at the Palangkaraya Religious Court? Religion of Palangkaraya?. This empirical research uses a statute approach and Islamic law. The research subjects are 5 (five) judges and 2 (two) informants who are substitute clerks at the Palangkaraya Religious Court. Data were collected through observation, interviews, documentation and analyzed through Islamic Laws and normative. The results of this study indicate that judges in deciding cases of marital dispensation do not only look at the Completeness of the legal administration. But also from a sociological perspective, granting a dispensation application sees aspects of the benefits that must be obtained to avoid more significant damage. The implication is that changes of the law related to marriage dispensation are increasing because it becomes a procedure to complete the marriage administration for underage couples in the provisions of the law.

Pemmali Culture in Bugis Community versus Law Enforcement of Age of Marriage in the Religious Courts

“…Moreover, panaik money considers 'dui cappu' (money out) to finance the marriage (Sudirman et al, 2019). The research conducted by (Maimunah et al, 2021;Sofiana & Sunni, 2021) are slightly closer to these studies, but there are apparent differences because they explain the judge's considerations in giving marriage dispensation for pregnant women without marriage in the Religious Courts.…”