UPAYA PERLINDUNGAN HUKUM TERHADAP PEMOHON DISPENSASI KAWIN OLEH P2TP2A DI PENGADILAN AGAMA MOJOKERTO

Abstract

Child marriage remains a persistent legal and social problem in Mojokerto Regency, reflected in the substantial number of marriage dispensation petitions filed with the Mojokerto Religious Court, which reached 1,506 cases between 2022 and 2025 and placed the court 8th among 38 religious court units across East Java. This situation positions children who petition for marriage dispensation as a vulnerable group requiring legal protection under Article 1(1) and Article 26(1)(c) of Law Number 35 of 2014 concerning Child Protection. This study analyzes the role of the Integrated Service Center for the Empowerment of Women and Children (P2TP2A) in accompanying marriage dispensation petitioners and the legal protection efforts it provides at the Mojokerto Religious Court. Using empirical legal research with a juridical-empirical approach, primary data were collected through interviews with judges, a court clerk, a P2TP2A psychologist, and petitioners, supported by direct observation of the counseling process, and triangulated against secondary legal sources. The findings show that P2TP2A conducts active, comprehensive accompaniment covering cognitive assessment, emotional readiness, family-support evaluation, education, and the issuance of psychological recommendations. The legal protection provided is preventive through mandatory counseling and psychological assessment, and repressive through accompaniment in urgent cases, consistent with Supreme Court Regulation Number 5 of 2019 and the principle of the best interests of the child.