ANALISIS PERTIMBANGAN HAKIM TERHADAP PENOLAKAN DISPENSASI KAWIN DAN AKIBAT HUKUMNYA: STUDI PENETAPAN NOMOR 166/PDT.P/2021/PA.CLG.

Abstract

This study is motivated by the rejection of a marriage dispensation request in Decision Number 166/Pdt.P/2021/PA.Clg, despite the applicant’s child being pregnant outside a lawful marriage. The judge based the rejection on the age and psychological assessment report of the applicant’s child by referring to Article 12 paragraph (2) letter b of Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Cases. This research aims to analyze the judge’s considerations and the legal consequences arising from the rejection of the marriage dispensation request. The research uses a normative legal method with statutory, conceptual, and case approaches through the analysis of primary and secondary legal materials. The findings show that the judge prioritized psychological readiness and the risks of underage marriage without considering the urgent condition faced by the applicant’s child, namely pregnancy outside marriage. The rejection resulted in several legal consequences, including unregistered marital status, uncertainty regarding the legal status of the child after birth, and social impacts within society.

Kata kunci: marriage dispensation, judge's considerations, legal consequences