Abstrak :
Marriage dispensation is an exception to the minimum age limit set for
marriage. The main requirement for a marriage dispensation is a compelling reason
supported by sufficient evidence. According to the Decision of the Religious Court of
Pacitan Number 306/Pdt.P/2022/PA.Pct., the reason for the marriage dispensation
request is that the children of the applicants can no longer be separated and frequently
spend nights together in the same house.
This research aims to determine the legal considerations of the judge in issuing
the Decision of the Religious Court of Pacitan Number 306/Pdt.P/2022/PA.Pct. and to
understand the legal consequences of granting the marriage dispensation request. This
research uses a normative juridical approach with a descriptive-analytical research
specification. The research is presented in a narrative text.
Based on the research and discussion, it can be concluded that in the
Decision of the Religious Court of Pacitan Number 306/Pdt.P/2022/PA.Pct, the panel
of judges granted the request for a marriage dispensation with the consideration that
the children of the applicants and their partners often go out together and sleep
together, and also taking into account the issuance of an urgent letter of domicile
from the village head of the applicants. This is not in accordance with the
explanation of Article 7 paragraph (2) of Law Number 16 of 2019 concerning
Amendments to Law Number 1 of 1974 concerning marriage, as it is not urgent to
carry out the marriage, and there are other efforts, such as the obligation of the
parents of the applicants to prevent child marriage as mandated in Article 26
paragraph (1) letter c of the Child Protection Law. The legal consequence of
granting the request for a marriage dispensation is that it provides legal certainty,
allowing the children of the applicants to proceed with the marriage even though the
prospective wife is still underaged.
Keywords: Granted, Marriage dispensation, Urgent statement
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