ANALISIS PERTIMBANGAN PUTUSAN HAKIM TERHADAP DISPENSASI PERNIKAHAN ANAK DI BAWAH UMUR

The main issue addressed in this thesis is the analysis of a court decision with Case Number 3/Pdt.P/2024/PA.SJJ. The research questions in this thesis are: 1) What are the factors causing child marriage dispensations? 2) What are the legal grounds and considerations of the judge in granting a child marriage dispensation? The objective of this research is to analyze the basis for the judge’s consideration in deciding cases of child marriage.

The research method used is normative research with a library research approach. The adopted research technique integrates different models of approach, specifically the analytical approach, which involves conceptual analysis of terms and meanings within legislation and their application in practice and judicial decisions. This research is descriptive-analytical, utilizing statistics to describe or depict the collected data. The research object is the decision Number 3/Pdt.P/2024/PA.SJJ, which was accessed through the directory of the Supreme Court of the Republic of Indonesia.

The research findings indicate that the causes of child marriage dispensation applications are primarily due to two factors: the child's situation and parental desires. For the child, this may involve factors such as the influence of free association leading to out-of-wedlock pregnancies, necessitating marriage while still in school. For parents, the driving factor may be family economic conditions. In deciding on marriage dispensations in the Sijunjung Religious Court, the judge considers three main factors: evidentiary analysis, legal facts, and considerations regarding the marriage age. Based on the existing legal facts, both the male and female candidates have reached adulthood, there is no blood relationship or cousin relationship, and no prohibitions on the marriage. The male and female parties are deemed capable both physically, psychologically, morally, and materially to manage a household.

Keywords: Decision, Judge, Marriage, Child Marriage