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Nurrahman Fajrul Sinrang; Firman Husain

Jurnal Pengabdian Masyarakat Nusantara (Pengabmas Nusantara) 2026 Universitas Muhammadiyah Manado

Child marriage remains a significant issue negatively impacting the health and quality of the younger generation, particularly through the increased risk of stunting in children. This article discusses the results of an educational outreach titled “Marriage Is Not Just About Legality: Legal Education on Marriage Dispensation and Its Implications for Stunting Prevention Among Students,” conducted at SMA Negeri 3 Parepare. The outreach aimed to raise students’ awareness about the relationship between minimum marriage age, marriage dispensation, and the health impacts on children, especially the risk of stunting. The methods employed included deconstruction, brainstorming, material delivery, reconstruction, and evaluation through pre-test and post-test assessments. Results demonstrated a significant improvement in students’ understanding from both medical and legal perspectives. The discussion focused on analyzing the contradictory legal norms regarding minimum marriage age and marriage dispensation, which frequently lead to implementation challenges. This outreach underscores the importance of integrating legal education and reproductive health as a preventive strategy to reduce child marriage and prevent stunting. Consequently, the program contributes to shaping a healthy, legally aware younger generation capable of making mature and responsible marriage decisions.

Husnul Furqon; Sukiati Sukiati; Iwan Nasution

Jurnal Hukum, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

This study analyzes the minimum age of marriage in Islamic jurisprudence and compares it with the positive law regulations in Indonesia and Malaysia. Using a normative legal method with comparative and conceptual approaches, the study draws on primary sources, including the Qur'an, hadith, Law Number 16 of 2019 on Marriage in Indonesia, and the Islamic Family Law (Federal Territories) Act 1984 in Malaysia. The analysis focuses on how Islamic legal principles concerning marriage eligibility are interpreted and incorporated into contemporary legal frameworks in both countries. The findings reveal that Islamic jurisprudence (fiqh) associates marital readiness with the concept of baligh (puberty) without prescribing a specific numerical age, whereas state law establishes fixed minimum age requirements to safeguard the rights and welfare of women and children. Indonesia sets the minimum marriage age at 19 years for both males and females, while Malaysia prescribes 18 years for males and 16 years for females, with judicial dispensation available in both jurisdictions under certain circumstances. These legal arrangements demonstrate each country's effort to harmonize classical Islamic jurisprudence with contemporary social protection objectives through institutional ijtihad, reflecting a balance between religious principles, legal certainty, and public welfare in regulating marriage.

Muh. Zamroni; Riza Aulia Rahmanita; Alyada Esa Az Zahra; Fajar Wahyu Hasana

The fiqh principle stating that a leader’s policies and actions toward the people must be based on public welfare is an Islamic legal principle emphasizing that every action and policy of a leader should be oriented toward the interests and well-being of society. This study aims to examine the meaning, normative foundations, concepts, and implementation of this principle in state governance. The research employs a library research method with a normative approach through the analysis of the Qur’an, Hadith, fiqh literature, scholarly journals, and relevant legislation. The findings indicate that this principle has a strong foundation in the Qur’an and Hadith, particularly regarding trustworthiness, justice, and the responsibility of leaders toward their people. Conceptually, this principle is closely related to the theories of maqashid al-shari’ah and siyasah shar’iyyah, which place public welfare as the primary objective of Islamic law. In practice, the principle is applied in various fields, including public administration, law and legislation, religious policies, as well as economic and fiscal policies. Its implementation can be seen in policies concerning the prohibition of interfaith marriage, marriage dispensation, marriage legalization hearings (isbat), the suspension of Hajj departures during the COVID-19 pandemic, and the management of state finances during the era of the Rightly Guided Caliphs. Therefore, this principle demonstrates that Islamic law possesses flexible and adaptive characteristics while maintaining a strong orientation toward public welfare, making it relevant to modern systems of governance.

Erlangga, Romi; Lia Amaliya; Muhamad Abas

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Child marriage remains a significant issue in legal practice in Indonesia, despite the establishment of a minimum age requirement under Law Number 16 of 2019. In practice, the mechanism of marriage dispensation is often utilized without fulfilling the standard of “urgent reasons” as required by statutory regulations. This study aims to analyze the meaning of “urgent reasons” in granting marriage dispensation and to examine the judge’s considerations in Decision Number 442/Pdt.P/2023/PA.Krw based on Supreme Court Regulation Number 5 of 2019. This research is a normative legal study employing statutory and case approaches. Legal materials were obtained through library research and analyzed using a descriptive qualitative method with a deductive approach. The findings conclude that “urgent reasons” should be interpreted strictly as real and objectively verifiable emergency circumstances. However, in the decision, the judge granted the application without clear emergency conditions, relying instead on the prospective husband’s financial readiness and the child’s status as mukallaf. This indicates a discrepancy between legal norms and judicial practice, as well as the suboptimal application of the principle of the best interests of the child.

Ilah Nurilah; A. Suganda; Moch. A. Dunuraeni

Student Research Journal 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Requests for marriage dispensations are often based on cases of unwanted pregnancy, which create a dilemma involving moral, social, and legal protection considerations. This study aims to analyze the practice of marriage dispensations based on unwanted pregnancy from the perspectives of maqāṣid al-syarī‘ah, child protection theory, and legal theory. The research method used is normative legal research employing legislative, conceptual, and case-based approaches. The results indicate that the practice of marriage dispensation based on UHP tends to focus on short-term problem-solving namely, avoiding social stigma yet risks neglecting the primary objectives of maqāṣid al-syarī‘ah, particularly in safeguarding life (ḥifẓ al-nafs), lineage (ḥifẓ al-nasl), and reason (ḥifẓ al-‘aql). From a child protection perspective, the granting of marriage dispensations has the potential to violate the principle of the best interests of the child, as stipulated in Law No. 35 of 2014 on Child Protection. Furthermore, there is a tension between legal certainty and substantive justice in the implementation of marriage dispensations in Indonesia. This study concludes that a reconstruction of the marriage dispensation policy is needed, one that is more oriented toward child protection and the substantive objectives of Islamic law, rather than merely legalizing emergency conditions.

Dian Anggraini Sihombing; Muhammad Hizbullah

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2026 Lembaga Pengembangan Kinerja Dosen

Marriage in Islam is not only a civil bond, but also a very strong bond (mitsaqan ghalidzan) to obey Allah's commands and carry it out as worship. The purpose of marriage in Islam is to fulfill religious guidance in order to establish a harmonious, prosperous and happy family, where the relationship between husband and wife is in a strong bond in accordance with the commands of Allah SWT. The purpose of this study is to analyze the legal provisions regarding marriage dispensation, analyze the judge's legal considerations in Decree Number 46 / Pdt.P / 2024 / PA.Lpk., and analyze the implementation of the principle of the best interests of children in determining marriage dispensation at the Lubuk Pakam Religious Court. The research method used is normative juridical legal research with a document study approach to laws and court decisions. Data sources consist of primary data obtained through interviews with judges, clerks, and religious figures, as well as secondary data in the form of primary, secondary, and tertiary legal materials. The data analysis technique uses qualitative analysis. The results of the study show that: Legal provisions regarding marriage dispensation are regulated in Article 7 of Law Number 16 of 2019 which sets the minimum age limit for marriage at 19 years for men and women, with exceptions where dispensation can be requested from the Court for urgent reasons. Supreme Court Regulation Number 5 of 2019 regulates the procedure for examining marriage dispensation cases which requires the judge to listen to the child's statement, verify the absence of coercion, and consider the best interests of the child. The judge's legal considerations in Decision Number 46/Pdt.P/2024/PA.Lpk. have fulfilled formal requirements by considering the authority to adjudicate, the applicant's legal standing, the reasons for the request in the form of a very close relationship, the absence of coercion, the absence of obstacles to marriage, and the economic readiness of the prospective husband. The implementation of the principle of the best interests of the child has been carried out through providing advice on the risks of child marriage, listening to the child's opinions, and suggesting marriage postponement, although there are still limitations such as the lack of referrals to psychologists and minimal consideration of continuing education. The conclusion of this study is that the Lubuk Pakam Religious Court has implemented the provisions of marriage dispensation in accordance with applicable laws and regulations. The judge's legal considerations in Decree Number 46/Pdt.P/2024/PA.Lpk have fulfilled the formal and material aspects, however, the implementation of the principle of the best interests of the child still faces challenges from the normative, institutional, and socio-cultural aspects.

Hasan Yafiie; Fitriyah Fitriyah; Ainur Gufron

Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study examines the regulation and implementation of Supreme Court Regulation (PERMA) No. 5 of 2019 on Guidelines for Adjudicating Marriage Dispensation Requests and its implications for child rights protection in Indonesian marriage law. Employing a normative juridical approach with statutory and conceptual analysis, the study reviews Law No. 16 of 2019, PERMA 5/2019, and Law No. 35 of 2014 through library research and descriptive-analytical methods. The findings indicate that PERMA 5/2019 provides comprehensive guidelines for judges through the best interests of the child principle, including age verification, child-friendly examinations, and expert involvement to assess health, education, psychological, and family economic aspects. Its implementation shifts the judicial paradigm toward child-centered justice. However, challenges such as socio-cultural pressures, variations in judicial competence, and limited access to experts lead to inconsistent decisions that potentially perpetuate child marriage. Key implications include strengthening children's rights to participation, education, and development, yet field practices show dispensations often rely on emergency reasons like premarital pregnancy without long-term considerations. The study recommends enhancing judicial capacity, institutional synergy, digital monitoring, and regulatory revisions to position dispensation as a limited exception, effectively preventing early marriage.

Skolastika Dinda Ayu Maharani; Bernadus Tito Pranoto

Tri Tunggal: Jurnal Pendidikan Kristen dan Katolik 2025 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

This study explores the implications of the 1983 Code of Canon Law (CIC) on mixed marriages within the Catholic Church, focusing on its legal, pastoral, and social dimensions in the context of religious pluralism. Mixed marriages, involving a Catholic an a non-Catholic partner, pose unique spiritual and legal challenges due to differing faith backgrounds, the research aims to analyze how the CIC, alongsid Church documents such as Muto Proprio Matrimonia Mixta, Familiaris Consortio, and Amoris Laetitia, addresses these challenges while upholding the sacramental nature of marriage. A qualitative descretive method was employed, utilizing critical textual analysis of relevant literature, including books, journals, and Church documents, the findings highlight that Canons 1124-1126 og the CIC provide a robust legal framework requiring episcopal dispensation, commitment to Catholic faith preservation, and respect for the non-Catholic partner’s beliefs. these Canons balance the protection of Catholic identity with openness to interfainth dialogue. Additionally, Church documents emphasize pastoral accompaniment, compassion, and doalogue to foster family unity and fainth education for children. The study concludes that the CIC, enriched by pastoral approaches in the referenced documents, offers a framework that not only regulates mixed marriages but also transforms them into opportunities for spiritual growth and interreligious harmony, particularly in diverse societies like Indonesia. This integrated approach ensures the mixed mariages can be a source of blessing rather than conflict, promoting stability ant mutual respect in families.  

Ni Putu Dilla Nathania Paramita; Dewa Krisna Prasada; I Nyoman Budiana; Putu Eva Ditayani Antari

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Child marriage, involving individuals under the age of 19 as defined by Law Number 16 of 2019, is a pressing social and legal issue in Bali. The increase in applications for marriage dispensations reflects the high rate of underage marriage, with consequences such as school dropout, economic vulnerability, household instability, and violence. The conflicting norms between National Law, which prioritizes child protection, and Balinese Customary Law, which recognizes the validity of marriage through the Tri Upasaksi (bhuta witness, manusa witness, and dewa witness), exacerbates this situation. This study aims to examine the basis of the Tri Upasaksi rules in Balinese customary law as a means of preventing child marriage, and to analyze how Balinese customary law adapts to the provisions of positive state law. The research method used is normative legal research with a socio-legal approach, analyzing primary and secondary legal materials to identify conflicts and harmonize norms. The findings are expected to contribute to the development of legal science and serve as a reference for the government and customary institutions in formulating policies that integrate local values ​​with child protection.

Surasa, Ais; Mukhlas, Oyo Sunaryo; Saebani, Beni Ahmad; Husain, Husain

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rise of the phenomenon of early marriage in Indonesia is the background to the birth of Republic of Indonesia Law number 16 of 2019 concerning marriage and the compilation of Islamic law, which sets the age limit for marriage to 19 years. The reality is that in society there are many cases asking to be able to get married and have it officially registered, which has led to the existence of a marriage dispensation. Marriage dispensation is permitted by law by considering positive matters. The aim of this study is to determine the long-term impact of early marriage on the welfare of individuals, families and society. The method used is qualitative, data collection is carried out by interviews, direct observation and also data related to the theme. Using this method will make it easier to observe phenomena in society regarding marriage dispensations. The data analysis used was an inductive method (Creswell, 1994). The results obtained were that the marriage dispensation from a legal perspective did not conflict with Law 16 of 2019. The granting of marriage dispensations was carried out by considering the impact. From a sociological perspective, our society views early marriage as something normal and often forgets the impact of child marriage. Marriage dispensation is a rational choice, even though the risks faced are very high. Therefore, it is necessary to increase public awareness of promiscuity and return to the essence of marriage.

Nurrahman Fajrul Sinrang; Firman Husain

Jurnal Hasil Kegiatan Bersama Masyarakat 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Early marriage remains an issue with negative impacts on the health and quality of the younger generation, particularly through the risk of stunting in children. This article discusses the results of a counseling session titled "Marriage is Not Just Legal: Legal Education on Marriage Dispensation and Its Implications for Preventing Stunting Among Students" conducted at SMA Negeri 3 Parepare. The counseling aimed to raise students' awareness about the relationship between the marriage age limit, marriage dispensation, and the health impact on children, specifically the risk of stunting. The methods used include deconstruction, brainstorming, material delivery, reconstruction, and evaluation through pre-tests and post-tests. The results show a significant improvement in students' understanding from both medical and legal perspectives. The discussion focuses on analyzing the contradictions in legal norms regarding the marriage age limit and marriage dispensation, which often cause implementation issues. This counseling emphasizes the importance of integrating legal education and reproductive health as a preventive strategy to reduce early marriage and prevent stunting. Thus, this program contributes to shaping a healthy, legally aware younger generation capable of making mature and responsible marriage decisions.

Novenia Cecilia Nadeak; Nayla Hasana

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Forced marriage of children as debt repayment is an exploitative practice that violates human rights principles and child protection as stipulated in the 1945 Constitution, the Child Protection Law, and the Sexual Violence Criminal Law. This study uses a normative juridical method with a legislative and conceptual approach to examine legal views on the position of children in debt repayment, the relationship between unregistered marriages and forced marriage, and the forms of legal protection that can be provided to victims. The results of the analysis show that children cannot be used as objects of debt repayment because they are not included in the category of property according to the Civil Code, while the practice of unregistered marriage, which is often used as a shortcut, is not recognized by positive law. Forced marriage of children is classified as a form of economic and sexual exploitation that is subject to criminal sanctions. Therefore, it is necessary to limit the grounds for marriage dispensation, prohibit unregistered marriages for minors, and strengthen the implementation of regulations and public awareness campaigns to ensure the protection of children's rights and prevent similar practices in the future.

Minan Minan; Teguh Endi Widodo; Tutik Asmorowati; Ruminingsih Ruminingsih; M. Fikri Jauhari +1 more

Jurnal Pengabdian Masyarakat 2025 Lembaga Pengembangan Kinerja Dosen

Child marriage remains a serious problem in Indonesia despite the revision of the Marriage Law, which raised the minimum age for marriage to 19 for both men and women through Law No. 16 of 2019. This practice remains widespread, especially in rural areas with a high prevalence due to economic and cultural factors, the existence of marriage dispensation mechanisms, and low legal literacy. The phenomenon of child marriage has multidimensional impacts, including reproductive health risks, high school dropout rates, low quality human resources, economic vulnerability, and psychological problems that can ultimately lead to high divorce rates and intergenerational structural poverty. Through Community Service Activities (PKM), prevention efforts are carried out by providing legal education and outreach regarding the risks of early marriage. Methods used include lectures, presentations, modeling, role plays, and small group discussions involving teenagers, parents, traditional leaders, and religious leaders. The results of the activities showed a significant increase in legal understanding, where 85% of participants were aware of the minimum age for marriage according to the latest regulations. Furthermore, there was increased awareness of the negative impacts of child marriage and a growing commitment from community leaders to continue ongoing outreach. The conclusion of this activity confirmed that marriage law education is an effective strategy in raising public awareness. However, preventing child marriage cannot rely solely on legal outreach; it needs to be strengthened through cross-sector collaboration, integration of materials into the school curriculum, family economic empowerment, and strengthening the role of religious and traditional leaders in shaping social opinion. Therefore, efforts to prevent early marriage require a more holistic, participatory, and sustainable strategy to protect children's rights and realize the development of a quality future generation.

Minan Minan; Teguh Endi Widodo; Tutik Asmorowati; Ruminingsih Ruminingsih; M. Fikri Jauhari +1 more

Jurnal Pengabdian Masyarakat 2025 Lembaga Pengembangan Kinerja Dosen

Child marriage remains a serious problem in Indonesia despite the revision of the Marriage Law, which raised the minimum age for marriage to 19 for both men and women through Law No. 16 of 2019. This practice remains widespread, especially in rural areas with a high prevalence due to economic and cultural factors, the existence of marriage dispensation mechanisms, and low legal literacy. The phenomenon of child marriage has multidimensional impacts, including reproductive health risks, high school dropout rates, low quality human resources, economic vulnerability, and psychological problems that can ultimately lead to high divorce rates and intergenerational structural poverty. Through Community Service Activities (PKM), prevention efforts are carried out by providing legal education and outreach regarding the risks of early marriage. Methods used include lectures, presentations, modeling, role plays, and small group discussions involving teenagers, parents, traditional leaders, and religious leaders. The results of the activities showed a significant increase in legal understanding, where 85% of participants were aware of the minimum age for marriage according to the latest regulations. Furthermore, there was increased awareness of the negative impacts of child marriage and a growing commitment from community leaders to continue ongoing outreach. The conclusion of this activity confirmed that marriage law education is an effective strategy in raising public awareness. However, preventing child marriage cannot rely solely on legal outreach; it needs to be strengthened through cross-sector collaboration, integration of materials into the school curriculum, family economic empowerment, and strengthening the role of religious and traditional leaders in shaping social opinion. Therefore, efforts to prevent early marriage require a more holistic, participatory, and sustainable strategy to protect children's rights and realize the development of a quality future generation.

Agatha Lilis Pratiwi; Anselmus Joko Prayitno; Gregorius Daru Wijoyoko

As a multicultural country, Indonesia grows and develops with various cultural structures, ethnicities, religions and races. The diversity that occurs for a long time makes it possible for marriages with different religions to occur. Interfaith marriage in the Catholic Church is not allowed, but there is a dispensation so there are people who do it. As happened at the Sacred Heart of Jesus Simo Church, Boyolali, from the data for 2018-2023, there were 41 marriages and 9 of them were married to different religions (Cult Disparity). This phenomenon occurs due to several things including a lack of appreciation of faith, not enough socializing in the Church, pregnancy outside of marriage, a high sense of tolerance, many public schools in the village, places of worship that are close enough to allow the existence of many followers of other religions. The purpose of this research is to find out the nature of marriage of interfaith marriage couples, the application of children's faith education and the development of parents' faith from interfaith marriages. This research uses a descriptive qualitative method with interviews with informants. The results showed that the impact of interfaith marriage on the faith education of children under five is positive because since infancy they have been baptized in accordance with the nature of Catholic marriage. Based on the results of the study, each partner respects and supports the other's beliefs in the midst of differences. In educating children's faith in the golden age period, they can be baptized.    

Agatha Lilis Pratiwi; Anselmus Joko Prayitno; Gregorius Daru Wijoyoko

As a multicultural country, Indonesia grows and develops with various cultural structures, ethnicities, religions and races. The diversity that occurs for a long time makes it possible for marriages with different religions to occur. Interfaith marriage in the Catholic Church is not allowed, but there is a dispensation so there are people who do it. As happened at the Sacred Heart of Jesus Simo Church, Boyolali, from the data for 2018-2023, there were 41 marriages and 9 of them were married to different religions (Cult Disparity). This phenomenon occurs due to several things including a lack of appreciation of faith, not enough socializing in the Church, pregnancy outside of marriage, a high sense of tolerance, many public schools in the village, places of worship that are close enough to allow the existence of many followers of other religions. The purpose of this research is to find out the nature of marriage of interfaith marriage couples, the application of children's faith education and the development of parents' faith from interfaith marriages. This research uses a descriptive qualitative method with interviews with informants. The results showed that the impact of interfaith marriage on the faith education of children under five is positive because since infancy they have been baptized in accordance with the nature of Catholic marriage. Based on the results of the study, each partner respects and supports the other's beliefs in the midst of differences. In educating children's faith in the golden age period, they can be baptized.    

Tabi, Sunarti; Moonti, Roy Marthen; Ahmad, Ibrahim

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Child marriage in Indonesia is still a serious problem despite regulations that limit the minimum age of marriage. The revision of Law No. 16/2019 sets the minimum age at 19 years, but the practice of marriage dispensation has actually increased. This phenomenon reflects the gap between formal legality and social reality which is influenced by factors such as low education, patriarchal culture, conservative religious interpretations, social pressure, and poverty. Dispensation for marriage is often granted without an in-depth assessment of the child's readiness, ignoring the principle of the best interests of the child. Law enforcement has not been effective due to the lack of legal literacy, weak supervision, and the dominance of local values. Prevention efforts require an interdisciplinary approach through reproductive health education, strengthening social protection, community participation, and synergy between institutions. Therefore, the elimination of child marriage must be a strategic policy based on the transformation of social norms and the protection of children's rights in a holistic and sustainable manner within the framework of gender perspective development and social justice.

Nur`aini Jihan Wijayanti

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage dispensation is a granting of marriage permit by the court to prospective husband and wife who are not yet 19 years old to get married. The granting of this permit has a significant impact on the rampant child marriage. Moreover, the author found a decision granting marriage dispensation on the grounds of having lived together for five months as stated in the Decision of the Larantuka PA/83/PDT.P/PA. LRT. From this background, the author is interested in finding out whether the granting of marriage dispensation on the grounds is in accordance with Islamic Law, the Marriage Law and the Child Protection Law or not. This study was conducted using a qualitative juridical method by examining library materials. The results of the study indicate that the granting of marriage dispensation on the grounds has not met the provisions of Islamic Law, the Marriage Law and the Child Protection Law. This is because there is still a lack of sufficient evidence to accept the application for marriage dispensation in the form of a health certificate and a mental age test to determine the health, both physically and mentally, of the child. Thus, the decision does not reflect the best interests of the child in the form of the right to health insurance for children.

Muhari Muhari

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to describe the application of law number 16 of 2019 concerning amendments to law number i of 1974 concerning marriage regarding marriage dispensations in the Tuban religious courts. This research is qualitative research with a type of field research. Data collection techniques use interviews, observation and documentation. Analysis uses data reduction. data display and drawing conclusions. checking is done by data triangulation. The results of this research are that the Tuban religious court has implemented law number 16 of 2019 after the law was passed. With steps to provide outreach to the government concerned and the community. However, requests for marriage dispensation increased to 57% after the enactment of Law No. 16 of 2019, therefore it can be said that the implementation of Law No. 16 of 2019 is still not effective.    

Gheviera Najla; Djanuardi Djanuardi; Hazar Kusmayanti

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

The Marriage Law regulates the minimum age limit for marriage is 19 (nineteen) years, but in practice underage marriages still often occur so that these marriages cannot be registered. Marriage dispensation becomes the legal legitimacy so that underage marriages can be registered in accordance with the provisions of Article 2 paragraph (2) of the Marriage Law. Marriage dispensation is obtained through the courts by involving the application of civil procedural law principles, including the principle of passive judges. This study aims to obtain an overview of the application of the passive judge principle and the limitations of active judges to the application for marriage dispensation at the Soreang Religious Court in relation to civil procedural law in the case of the application for underage marriage dispensation in Decision Number 421/Pdt.P/2023/PA.Sor. The research method and legal writing are carried out using a normative legal approach sourced from primary data and secondary data. Primary data is taken through interviews, then the secondary data used comes from literature studies. Based on the research results, it can be concluded that the application of the passive judge principle in marriage dispensation cases is dynamic and adjusted to the best interests of the child. The active role of the judge in providing advice and conducting in-depth examinations does not conflict with the passive judge principle, but is an effort to ensure a fair decision and protect the rights of the child.