Efektivitas Penanganan Dispensasi Kawin Pasca Berlakunya Undang-Undang Nomor 16 Tahun 2019 di Ponorogo

Abstract

This research was motivated by the increasing number of requests for marriage dispensation at
the Ponorogo Religious Court after the enactment of Law no. 16 of 2019. This law is expected
to provide a major transformation in efforts to prevent early marriage with all its derivative
social problems. This field research using a qualitative approach produced two conclusions,
namely: (1) in terms of the factors causing the increase, Law Number 16 of 2019 has not been
effective. The data that has been analyzed shows that apart from the same causal factors as the
causal factors before the existence of Law Number 16 of 2019, such as being pregnant out of
wedlock, having given birth to a child, parents are worried that their children will fall into
things that are prohibited by religion, low economic conditions, poor education. low, there is a
new causal factor, namely public ignorance about the increase in the marriage age limit. If we
refer to the definition made by Soejono Soekanto, the law is said to be effective if it is able to
achieve its objectives and (2) Judges as law enforcers in handling marriage dispensation cases
are guided by existing regulations and are deemed to have been effective in implementing Law
Number 16 of 2019 in the Religious Courts. The judge has taken action in the form of giving a
decision based on the law and actual factual circumstances. Considerations in the determination
refer to existing regulations, especially Law no. 16 of 2019.