Judges' Considerations in the Determination of Marriage Dispensation in Court as a Form of Protection of Children's Rights

Marriage is the right of every human being to build a family. To provide protection to each party, the state through the government stipulates the Marriage Law as a regulation to create order. So that people who want to get married are required to fulfill the requirements and provisions in the Marriage Law, so that marriage can be said to be legal in religion and the state. The research method used is the juridical-normative method with descriptive-analytical research specifications, with the data collection technique used, namely library document studies. The results of the study include that the judge in determining whether to grant or refuse to grant marriage dispensation to children who will enter into marriage underage is based on consideration of all aspects, both positive and negative impacts of the determination of marriage dispensation. Therefore, the judge carefully considers the best interests of the child and the aspect of danger or disadvantage to the child if the underage marriage is allowed to take place, and also the danger or disadvantage that will arise if the application for dispensation to marry the child is rejected.

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Publication Details

Journal
KRTHA BHAYANGKARA
Published
2025-08-08
DOI
https://doi.org/10.31599/krtha.v19i2.3778
Primary Topic
International Human Rights and Reproductive Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Judges' Considerations in the Determination of Marriage Dispensation in Court as a Form of Protection of Children's Rights

Sonny Dewi Judiasih, Djanuardi, Dina Triana Febriana
KRTHA BHAYANGKARA
International Human Rights and Reproductive Law
article

Judges' Considerations in the Determination of Marriage Dispensation in Court as a Form of Protection of Children's Rights

Sonny Dewi Judiasih, Djanuardi, Dina Triana Febriana
article en

Abstract

Marriage is the right of every human being to build a family. To provide protection to each party, the state through the government stipulates the Marriage Law as a regulation to create order. So that people who want to get married are required to fulfill the requirements and provisions in the Marriage Law, so that marriage can be said to be legal in religion and the state. The research method used is the juridical-normative method with descriptive-analytical research specifications, with the data collection technique used, namely library document studies. The results of the study include that the judge in determining whether to grant or refuse to grant marriage dispensation to children who will enter into marriage underage is based on consideration of all aspects, both positive and negative impacts of the determination of marriage dispensation. Therefore, the judge carefully considers the best interests of the child and the aspect of danger or disadvantage to the child if the underage marriage is allowed to take place, and also the danger or disadvantage that will arise if the application for dispensation to marry the child is rejected.

KRTHA BHAYANGKARAVol. 19(2)
Padjadjaran University (ID)
Openalex Percentile: Top 68%
International Human Rights and Reproductive Law
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