Tinjauan Yuridis mengenai Dispensasi Perkawinan di Bawah Umur ditinjau dari Peraturan Mahkamah Agung Nomor 5 Tahun 2019 tentang Pedoman Mengadili Permohonan Dispensasi Kawin (Studi Putusan PA Mungkid Nomor 34/Pdt.P/2015/PA.Mkd)

Abstract

This study aims to: (1) explain the regulation of marriage dispensation for minors within the framework of child protection principles as stipulated in Law No. 35 of 2014; and (2) identify and analyze the judge's considerations in rejecting or accepting a dispensation request in the Mungkid Religious Court Decision Number 34/Pdt.P/2015/PA.Mkd. The research is juridical-normative in nature with primary, secondary, and tertiary legal sources; data collection was conducted through literature studies and analyzed descriptively qualitatively. The results of the study indicate that although the law stipulates a minimum marriage age of 19 years, the dispensation mechanism as mediated by Law No. 1 of 1974 and amendments through Law No. 16 of 2019 and the Supreme Court Regulation Guidelines No. 5 of 2019 allows for the granting of exceptions upon parental requests for urgent reasons and sufficient evidence, with the aim of ensuring the fulfillment of the child's best interests and the accountability of the judicial process. In the Mungkid Religious Court case, the panel rejected the petition because the applicant did not meet the minimum age limit (18 years and 2 months). The judge's considerations focused on the child's best interests, physical and psychological readiness, the purpose of marriage, parental obligations, and legal and sociological considerations. The decision affirmed the dispensation as a strict exception and in line with the principles of child protection and Supreme Court Regulation No. 5/2019.