Tadulako Law Review (Jun 2022)
MARRIAGE DISPENSATION FOR UNDERAGE CHILDREN ANALYSIS OF DECISION NUMBER 0024/PDT. P/2016/PA. YK
Abstract
Regulations regarding marriage in Indonesia are fully regulated in the Law. No. 1 of 1974 concerning marriage, including the material and formal requirements of marriage. One of the material requirements is Article 7 paragraph (1), which is to meet the age requirements for a male 19 years old and a female 16 years old. In reality, there are often problems regarding marriages that do not meet the marriage age requirements as stated in Decision Number 0024/Pdt. P/2016/PA. Yk, where the applicant who is the parent of the prospective groom asks to ask for a marriage dispensation for his child who does not meet the age requirements for marriage, the applicant argues that his child has been in a long-standing relationship that cannot be separated and that the applicant's child and the prospective bride are ready to marry. marry and if it is delayed any longer it is feared that it will cause unwanted things, therefore the applicant and the prospective bride's parents encourage the two prospective brides to marry. In his decision, the judge granted the request for dispensation. The problem in this research is how the arrangement of the dispensation decision is given and whether the judge's decision in granting the marriage dispensation application is correct. This research is a normative legal research, is descriptive and analyzed qualitatively. The regulation regarding the granting of dispensation for marriages that do not meet the age requirements is regulated in the Marriage Law and in this case this decision is appropriate because the judge's considerations are in accordance with the Marriage Law, namely Article 6 and Article 7 paragraph (2) underage marriages must be with permission. parents and with other considerations such as the two prospective brides who are ready to marry and to avoid unwanted actions, the judge decides to grant the applicant's request to grant a marriage dispensation to the applicant's child (prospective groom) and prospective bride.
