PERTIMBANGAN HAKIM DALAM PENGABULAN PERMOHONAN DISPENSASI PERKAWINAN (TINJAUAN KASUS DISPENSASI KAWIN DI PENGADILAN AGAMA AMUNTAI)

Abstract

Marriage Dispensation is a leeway, relief given by the state through the authorized namely the Religious Court for the benefit of human life, the marriage dispensationcan be given byprospective brides from the side of men and woman or both and the fullfilment of the requirementsof dispentation. This has been regulated in the marriageLaw Number 1 of 1974. The importance of the determination of the religious court to carry out the process laws or clear laws for their future for whom want to get married, so as not to fall into the marriage of sirri (the hidden of marriage) or fall into free association. However, the existence of dispensation does not only have a positive impact. Because the most common in the field is a negative impact from the early marriage. One of them has lack attitude of adult partner in running a household until it causes divorce in the age of marriage is relatively young. The judge’s consideration in granting a dispentation application besides valid evidence is: 1. Ther is no marriage restriction for both as in articles 8 UU No 1 in 1997, the policy of well-beingand harm to be faced. 2. Approval of the commitment of the bride and groom after marriage to reach adulthood. 3. Both brides are in an urgent sitiation. 4. Having the ability and mental readiness to get married.