Analisis Yuridis Dispensasi Nikah Bagi Anak yang Hamil Diluar Nikah (Studi Penetapan No 193/Pdt.P/2023/Pa.Btl, No 3/Pdt.P/2021/Pa Sal, No 24/Pdt.P/2021/Pa.Plj, No 0012/Pdt.P/2019/Pa.Bb)

Abstract

The age limit of a marriage for a man and a woman is 19 (net): however, Article 7, paragraph (2) of Marriage Lane states that they can obtain marriage dispensation by their parents to the Court in pressing problem and with valid evidence. This case is considered deviation. This new regulation allows parents to file for a marriage dispensation to the court due to an illegal pregnancy. The judge who hears this case can accept it, but he may also reject it This research duces the procedure of filing marriage dispensation for a girl having registered marriage in Indonesia and what factors that judges consider when rejecting or accepting request for marriage dispensation in the study on th Court Verdicts No. 193/PP/2023/Pal. No. 3/PP/2021/PaSal, No. 24/PP/2021/PP and No. 0012/PP/2019/Pa.B, and the legal consequence of the judge's decision to accept or to reject the case of marriage dispensation for the girl who is illegally pregnant. The research uses juridical normative method with case-study and conceptual approaches. The data are collected by conducting library research and analyzed quality The result of the research show that the procedure of filing marriage dispensation and age's legal consideration in rejecting or accepting the request for marriage dispensation is referred to the Supreme Court Verdict No. 5/2019 on the Guideline for Hearing the Request for Marriage Dispensation and to the Islamic law. Judge's acceptance and rejection of a marriage dispensation creates legal consequence in marital states, children's status and lineage, the right and obligation of a married couple, and joint property