IMPLIKASI PEMBERIAN DISPENSASI PERKAWINAN TERHADAP PERKAWINAN ANAK DI BAWAH UMUR MENURUT UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERKAWINAN (STUDI KASUS DI PENGADILAN AGAMA SINGARAJA)

Abstract

This study aims to find out and understand the factors considered by judges in granting marriage dispensation to minors and the implications of underage marriage dispensation according to Law Number 16 of 2019 concerning Marriage to underage marriages at the Singaraja Religious Court. The type of research used is empirical legal research and this research is descriptive in nature. Data collection techniques used are observation techniques, interview techniques and document study techniques. The research sample determination technique used was purposive sampling. This study used a descriptive qualitative data analysis technique. The results of the study show that (1) the judge's consideration in granting dispensation from marriage to minors at the Singaraja Religious Court is based on urgent conditions that have been proven in court. (2) The implications of marriage dispensation according to Law Number 16 of 2019 concerning Marriage for child marriages at the Singaraja Religious Court are classified into positive impacts and negative impacts. The positive impact of the first marriage dispensation is preventing unregistered or underhanded marriages. Second, preventing free sex or adultery. Third, clarifying marital status and strengthening the legal power of a child born. Fourth, accommodate underage marriages. Fifth, protect the honor of a woman. The negative impact of the first marriage dispensation is the potential for disputes and domestic violence which can lead to divorce. Second, from a health perspective, children born are at risk of stunting due to the immaturity of a woman's reproductive organs. Third, the loss of children's rights to education due to the breakup of a child's education.