IMPLEMENTASI DISPENSASI PERKAWINAN PASCA DIKELUARKAN REVISI UNDANG-UNDANG PERKAWINAN

Abstract

A legal marriage is a marriage that is carried out between a man and a woman and the marriage is
legally registered according to the law in force in Indonesia. If a man and a woman have not reached
the minimum age for marriage and wish to marry, they can apply for a marriage dispensation at the
Religious Courts or at the District Courts according to the religion of both parties. Examples include
the application for dispensation from marriage in the Sumedang Religious Court Decision Number541/Pdt.P/2020/PA.Smdg and the Sumedang Religious Court Decision Number
475/Pdt.P/2020/PA.Smdg. The problems that occur in the research of this thesis, namely what is the
background of the filing of a marriage dispensation, how is the judge's consideration in deciding the
application for a marriage dispensation, and how is the ef ectiveness of Law No. 16 of 2019 on
applications for a marriage dispensation. This thesis research uses a normative research method where
the approach used is a conceptual approach, a legal approach, a case approach supported by data and
literature reviews and also interview data to strengthen the research material of this thesis. After 1
(one) month the issuance of the latest revision of the Marriage Law, BADILAG noted that applications
for dispensation for marriage experienced a fairly rapid increase from the previous year, this was due
to a change in the minimum age limit for marriage which changed to 19 years for both men and
women. woman. Then the judge's consideration in deciding the application is to see the benefit of the
Petitioner's child, on that basis the judge grants the marriage dispensation application and is
supported by the completeness of the requirements for submitting a marriage dispensation application.
Unfortunately, the latest Marriage Law is considered less ef ective in suppressing the rampant
marriage of minors which continues to this day.