Judges’ considerations on stipulating marriage dispensation in the indonesian legal system at the sharia court of aceh province
Fathia Az-Zahra, Darmawan, Muhammad Ya’kub Aiyub Kadir
Law No. 16 of 2019 on Amendment of Law No. 1 of 1974 on Marriage has revised the marriage age limit found in Article 7, which initially for women was 16 years of age and for men was 19 years of age to become both 19 years of age following the men age limit. If the marriage is conducted below the age of 19 thus the prospective husband and wife along with their families/legal guardians are required to request for a marriage dispensation to Sharia Court. Albeit the regulations regarding marriage age limit can be clearly found in Marriage Law, the case of underage marriage is still high, particularly at Sharia Court of Aceh Province. This research aims to discover the reasons and criteria that fulfill the very urgent reason factors in Article 7(2) Law No. 16 of 2019, to discover the considerations of the Sharia Court’s judges on stipulating the marriage dispensation, and henceforth to acknowledge the legal certainty over the stipulation of marriage dispensation. This research was carried out using a qualitative approach with empirical juridical type, which is examining the primary data gathered through interviews and documentation studies. The results of the research show that Law No. 16 of 2019 does not explain clearly the definitions of very urgent reasons along with supporting evidence in Article 7(2), thus the law provides rooms for the judges in assessing very ugent reasons as representations of Article 7(2). The implementation at Sharia Court of Aceh Province, the very urgent reasons are practically represented in six reasons, which are fear of infringing social norms, fear of getting into promiscuity, fear of infringing religious norms, underaged premarital sex, prospective husband and wife are in love, and bride-to-be is pregnant. The considerations of the Sharia Court’s judges on stipulating marriage dispensation refer to juridical and normative reasons. The juridical reasons used refer to Law No. 16/2019, Law No. 35/2014, Law No. 50/2009, Supreme Court Regulation No. 5/2019, and the normative reasons refer to the benefits (mashlalah) of the requestor (family and children).
Fathia Az-Zahra, Darmawan, Muhammad Ya’kub Aiyub Kadir. Judges’ considerations on stipulating marriage dispensation in the indonesian legal system at the sharia court of aceh province. International Journal of Law, Volume 8, Issue 3, 2022, Pages 102-106