RATIO DECIDENDI PENETAPAN DISPENSASI KAWIN DENGAN ALASAN MENJAUHI ZINA PERSPEKTIF TUJUAN PERKAWINAN DI INDONESIA (Studi Kasus Penetapan Nomor : 2041/Pdt.P/2020/PA. Kab.Malang)

Currently, the problems of implementing the law are still widely discussed, because its implementation is still volatile or not yet relevant to reality, including in the form of decisions or decisions of judges. The birth of Law Number 16 of 2019 (Amended Marriage Law) shows the existence of this regulation as a normalization of inequality in marriage issues in society. Regarding the marriage dispensation carried out in the trial, it can be said to be a discovery of a law by the judge, this is not because there are no rules or laws that regulate it, but rather, the issue of marriage dispensation as contained in Article 7 paragraph (2) regarding irregularities is not clearly explained. clear so that judges have their own interpretation of intent in terms of irregularities. Type and Approach This type of research the author uses normative juridical research, namely research looking at law as building a system of norms in society. The conclusion is that the ratio decidendi or the judge's legal consideration in determining the application for marriage dispensation shows that the judge's interpretation of Article 7 paragraph (2), the condition of urgent reasons which are seen as subjective by the judge, makes the applicants also have a subjective view of the marriage dispensation. Also, the judge's consideration of the purpose of marriage is not relevant, considering the non-fulfillment of the normative purpose of marriage in Indonesia, including the principle of maturity of the prospective bride and groom which is viewed philosophically, juridical, and sociologic from the aspect of the purpose of marriage and Islamic religious law.