Aspects Of Justice Of Marriage Dispensation And Best Interests For Children

Imran Imran; Amran Suadi; Muh. Risnain; Erlies Septiana Nurbani

doi:10.25216/jhp.13.1.2023.63-88

Aspects Of Justice Of Marriage Dispensation And Best Interests For Children

Imran Imran^(1*), Amran Suadi⁽²⁾, Muh. Risnain⁽³⁾, Erlies Septiana Nurbani⁽⁴⁾

(1) Faculty of Law, Muhammadiyah University of Mataram
(2) Mahkamah Agung RI
(3) Faculty of Law, University of Mataram
(4) School of Law, University of New England
(*) Corresponding Author

Abstract

Marriage dispensation is an application for a marriage permit made by the parents or family of a prospective husband or wife who is not yet 19 years old to enter into a marriage at the Religious Court. This paper briefly describes the justice of marriage dispensation and the children's best interests. The main topics discussed in this paper are the marriage laws and marriage dispensations according to the Law, the best interests of the child explained according to the Law, and to compromise between marriage dispensation and the child's best interests. The method used in this research is normative research by examining legal norms in legislation and decisions of the Constitutional Court. The content of this paper reveals that despite being deemed as contradictory to the Law as per the ruling of the Constitutional Court No. 22/PUU-XV/2017 dated 13 December 2018, which sets the minimum age for marriage according to Article 7 paragraph (1), child marriages facilitated by marriage dispensations persist in Indonesia. Furthermore, not every petition for marriage dispensation receives approval from the judicial panel. The decision on dispensation requests hinges on a thorough evaluation of the merits of the application and the potential impact on the child's future well-being, prioritizing the child's best interests.

Keywords

aspect of justice; marriage dispensation; children

Full Text:

PDF

References

Buana, Mirza Satria, 2010, The Connection Between the Principle of Legal Certainty and the Principle of Justice (Substantial Justice) in the Decisions of the Constitutional Court, Yogyakarta: Master's Thesis at the Islamic University of Indonesia.

Directorate General of Religious Courts, Report on the Implementation of Activities of the Directorate General of Religious Courts for 2018 and 2019.

Imron, Ali HS, Marriage Dispensation Child Protection Perspective, 2011, QISTI Legal Science Journal Vol. 5 No. January 1.

Katarina Tomasevski, 2003, "Neglected Education: Problems and Solutions" was translated and published with assistance and coordination from the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, in partnership with the Indonesian Ministry of Law and Human Rights, and received financial backing from the Swedish International Development Cooperation Agency (Sida), Jakarta.Presidential.

Decree No. 36 of 1990 Convention on the Rights of the Child (International Convention on the Rights of the Child (ICRC).

Supreme Court, Report on the Implementation of Supreme Court Activities for 2018.

Supreme Court, 2019 Supreme Court Activity Implementation Report.

Mertokusumo, Sudikno, Chapters on the Discovery of Law, 1993, Citra Aditya Bakti: Bandung.

Mertokusumo, Sudikno, Legal Theory, 1st Printing, 2011, Yogyakarta: Atma Jaya University.

Muhammad, Husein, Women's Fiqh (Kiiai's Reflections on Religious and Gender Discourse), 2001, LKiS, Yogyakarta.

Nugroho, Wahyu, Consistency of the Indonesian Government in Political Will After Participating in Ratification of International Agreements, in the Human Rights Sector.

Prayogo, R. Tony, 2016, "The implementation of the Legal Certainty Principle can be observed in Supreme Court Regulation Number 1 of 2011 regarding the Right to Judicial Review and in Constitutional Court Regulation Number 06/Pmk/2005 outlining the Procedure Guidelines for Legal Review", Indonesian Legislation Journal, Volume 13, Number 2, 2016, p.194).

Satria, Rio, n.d., Guidelines for Handling Marriage Dispensation Cases Post Revision of the Marriage Law.

Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.

Law Number 23 of 2002 has been revised through Law Number 35 of 2014 regarding Child Protection.

Law Number 1 of 1974, revised and updated as Law Number 16 of 2019 regarding Marriage..

Determination No.133/Pdt.P/2019/PA.Lss

Regulation No. 5 of 2019 issued by the Supreme Court regarding Guidelines for Handling Marriage Dispensation Requests.

Constitutional Court Decision Number 22/PUU-XV/2017.

DOI: http://dx.doi.org/10.25216/jhp.13.1.2023.63-88