DISPENSASI PERKAWINAN DIBAWAH UMUR DITINJAU DARI PERSPEKTIF KOMPILASI HUKUM ISLAM DI PENGADILAN AGAMA KELAS 1A DI KECAMATAN TANJUNG KARANG TIMUR KABUPATEN BANDAR LAMPUNG TAHUN 2025

Abstrak

This research aims to identify the procedure for obtaining a marriage dispensation for underage individuals at the Class 1A Religious Court of Tanjungkarang and to understand the judge’s considerations in deciding the underage marriage dispensation case Number 0002/Pdt.P/2016/PA.Tnk from the perspective of Islamic law. This study is categorized as field research and, based on its nature, is descriptive in character.

The data collection methods used include interviews, observation, and documentation. The results of the study show that the procedure undertaken to apply for a marriage dispensation is as follows:
the applicant goes to the service desk to obtain an explanation regarding the litigation procedures and how to draft a petition letter, which is then submitted to the Petition Section of the Registrar’s Office. The applicant then proceeds to the first desk, where the court officer estimates the amount of the advance court fee and writes it on the Power of Attorney to Pay (SKUM).

The applicant then proceeds to the cashier, and afterward to the second desk, submitting the petition letter and the SKUM that has been paid. During the trial process, the applicant must present evidence and supporting documents to strengthen the petition.

The judge’s considerations in deciding the marriage dispensation case Number 0002/Pdt.P/2016/PA.Tnk include: (a) legal considerations, and (b) considerations of societal justice.

This is consistent with Islamic law, which seeks to achieve the purposes of law oriented toward the principles of benefit, legal certainty, and justice.