ANALISIS YURIDIS SOSIOLOGIS TERKAIT PEMBERIAN DISPENSASI KAWIN ANAK/ DI BAWAH UMUR (STUDI DI PENGADILAN AGAMA BLITAR)

The high number of dispensation applications in Blitar every year continues to reach hundreds of cases. Applications for marriage dispensation are dominated by minors ranging in age from 14-17 years old. This age is not in accordance with the provisions of the age limit in the Marriage Law, which is 19 years. In the Blitar Religious Court which applied for marriage dispensation due to factors of pregnancy out of wedlock, parental concerns, educational factors, and promiscuity. This study aims to determine the judge's consideration and the obstacles experienced by judges in granting or rejecting marriage dispensation applications at the Blitar Religious Court. This research uses an sosiological juridical approach with qualitative research methods that are descriptive of analysis. The results showed that the judge in granting the marriage dispensation by making several considerations, namely First, the judge weighed the urgent reasons obtained by digging up the facts that occurred at trial. Second, the judge digs up evidence and examines the statements of the bride and groom, the applicant's parents, prospective in-laws (besan), and witnesses. Third, the judge considers the aspects of maturity, psychological and mental, behavior, religion, and ability to see whether he is capable enough to build a home life and meet daily needs. Fourth, the Judge in resolving the obstacles experienced in the determination of marriage dispensation conducts ijtihad through the method of legal discovery by weighing the applicable legislation with fiqh law that lives in the community. The legal basis for judges to grant or reject marriage dispensation uses legislation, namely Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, PERMA Number 5 of 2019 and Law Number 23 of 2002 concerning Child Protection.