RECONSTRUCTION OF EXAMINATION OF MARRIAGE DISPENSATION AS A EFFORT TO PROTECT CHILDREN

  • Alfajar - Nugraha Hakim Pengadilan Agama Tanah Grogot
Keywords: Key-words, Recontruction, Examination, Marriage Dispentation, Children Protect

Abstract

Abstract

Marriage dispensation is one of the problems that is still unfinished to be discussed where there is a lot of debate that the marriage dispensation is a legality of underage marriage on the grounds that the provision of marriage dispensation is not based on child protection even some decisions of the Religious Courts have become a material for criticism where the consideration of the judges' decisions is still considered "not properly constructed both in terms of examination procedures and in terms of substantial legal considerations, therefore the Supreme Court as the highest institution within the scope of the Judiciary has issued Supreme Court Regulation Number 5 of 2019 as a regulatory framework for the judges of course to determine the granting of marriage dispensation to the prospective bride and groom whose age is still below the age of marriage with reference to child protection efforts such as in the absence of coercion, psychological maturity, reproductive health and sexuality, as well as economic and educational readiness of the prospective bride and groom which are seen as factors that must be considered so that child protection efforts can be achieved.

References

REFERENCES
Ash-Shidieqy, Muhammad Hasbi, Tafsir Al-Qur'an Majid An-Nur (Semarang: Rizki Putra Library, 2000)
https://kbbi.web.id/dispensasi accessed on 03 December 2019 at 22:23 WIB
Kansil, C.S.T and Chistine S.T Kansil, Dictionary of Various Science Terms, (Jakarta: Surya Multi Graphic, 2001),
2018 Annual Report of the Directorate General of Religious Courts
Supreme Court of the Republic of Indonesia, Directorate General of Badilag, Guidelines for Implementing the Duties and Administration of Religious Courts in 2013
Marilang, Dispensation for Marriage for Minors, (Journal al-Daulah : Vol 7/No. 1/2018)
Peter Mahmud Marzuki, Legal Research, Jakarta: Kencana, 2009
Regulation of the Supreme Court Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation
Minister of Health Regulation no 290/MenKes/Per/III/2008
Law Number 1 of 1974 concerning Marriage
Law Number 16 of 2019 amendments to Law Number 1 of 1974 concerning Marriage
Law Number 35 of 2014 amendments to Law Number 23 of 2002 concerning Child Protection
Law Number 7 of 1989 as amended by Law Number 3 of 2006 and the second amendment by Law Number 50 of 2009 concerning Religious Courts
Published
2023-08-15
How to Cite
Nugraha, A. (2023). RECONSTRUCTION OF EXAMINATION OF MARRIAGE DISPENSATION AS A EFFORT TO PROTECT CHILDREN. FENOMENA, 15(1), 1-12. https://doi.org/10.21093/fj.v15i1.3576