Analisis Dikabulkannya Dispensasi Perkawinan Pada Anak Di Bawah Umur Ditinjau Perma Nomor 5 Tahun 2019 Tentang Dispensasi Perkawinan (Studi Kasus Putusan Hakim Di Pengadilan Agama Tasikmalaya)

Abstract

Marriages to minors are marriages carried out by young men or women who certainly have not yet entered the ideal age level to be able to enter into marriage, so marriages to minors must request a letter of application for dispensation of marriage decisions made by judges at the Religious Court, applications for dispensation of marriage at the Tasikmalaya Religious Court in 2019-2021 have increased rapidly, the existence of Perma Number 5 of 2019 concerning guidelines for adjudicating marital dispensation does not make requests for dispensation marital status decreased. In this study, there are two formulations of the problem, first 1) What are the main factors for the increase in underage child marriages in 2019-2021 at the Tasikmalaya Religious Court, and second 2) What are the considerations of judges in giving decisions on marriage dispensation letters to minors when reviewed by Perma Number 5 of 2019. The purpose of this research is to find out how the main factors are the increase in requests for marriage dispensation in the Tasikmalaya Religious Court, and to find out the judge's considerations in giving decisions for requests for dispensation marriage case. The method used in this research is a qualitative approach. This type of research is in the form of field research using a normative juridical approach, as well as determining the location of the research at the Tasikmalaya Religious Court. From the results of this study it can be concluded that: the causes of underage marriages in Tasikmalaya District are influenced by several factors, namely due to Education Factors, Tradition and Culture Factors, Promiscuity Factors, Economic Factors, and Parental Factors. The judge's decision in adjudicating the request for marriage dispensation for minors aims to avoid harm because of the parents' fear of the child doing things that are prohibited by religion.