Diskresi Dispensasi Nikah Calon Mempelai di Bawah Umur di Pengadilan Agama Yogyakarta (Tahun 2012 - 2013)

Nararia Hastutiningtyas , Bevaola Kusumasari

2016 | Skripsi | Manajemen dan Kebijakan Publik (dh. Ilmu Administrasi Negara)

ABSTRACT Underage marriage is an issue of concern to the global community, including Indonesia. Because negative impact that trailing the marriage performed by children who are minors under the Law, which is less than 19 years for men and less than 16 years for women. Regulation of Marriage itself contains a clause which allows the holding of marriage by the bride or groom who has not reached the minimum age limit to apply for dispensation of marriage to a religious court in the neighborhood. Until the last decade, early marriage occurs because of social and cultural factors. Even today, early marriage culture still occur in rural areas. However, in the present development indicates a shift trigger of underage marriages. Number of applications dispensation of marriage is quite significant and increasing, including in the city of Yogyakarta. Religious Court of Yogyakarta (Pengadilan Agama Yogyakarta) grant dozens of dispensation of marriage in the year 2012-2013 with the majority of application caused by the pregnancy before marriage. Unfortunately, this phenomenon has not been guarded by adequate regulations regarding underage marriage caused by pregnancy. In this case, judge of the Religious Court of Yogyakarta especially, occupies a strategic position. Judges as street-level bureaucrat play an important role in determining whether or not a dispensation of marriage is granted. Decision-making and discretion that made this study interesting to be further researched. Key Words: underage marriage, dispensation of marriage, decision-making, discretion of the judge

Kata Kunci : Pernikahan