ANALISIS PERTIMBANGAN HAKIM DALAM MEMBERIKAN PUTUSAN PERMOHONAN DISPENSASI NIKAH DI PENGADILAN AGAMA REMBANG

Abstract

This research discusses the Judges' Considerations in giving decisions on application for marriage
dispensation at the Class 1B. Rembang Religious Court. The main The subject matter discussed is How is
the process and stages of the Submission of a Marriage Dispensation Application for Dispensation of
Marriage at the Class IB Rembang. Religious Court and How is the Judges' Consideration in Giving
Decision on Marriage Dispensation Application at Religious Court of Rembang Class 1B. This research
is a research that This research uses a normative-empirical approach and uses the type of research Live
Case Study. The data in this study were obtained through observation and interviews directly during the
Legal Proficiency Training at the Rembang Class 1B Religious Court. This study aims to determine the
process of filing Application Process for Dispensation of Marriage at the Religious Court of Rembang
Class 1B and Analyze the Judges' Consideration in Giving Decision on the Application for Dispensation
of Marriage at the Religious Court of Rembang Class 1B. Case table II to be given a case number so that
the case is registered, the process of settlement of the Marriage Dispensation case, then the final hearing
and determination. Determination. Then the second is in the consideration of the Judge in giving Decisions
on Marriage Dispensation Applications, namely emergency problems, almost all or most of those who apply
for marriage dispensation have been pregnant first. On average, those who apply for marriage dispensation
have been pregnant first, and all the surrounding residents already know about it. The second is maturity
and responsibility. The third is based on Article 53 paragraph 1 of the Law 1 and the Marriage Law
based on article 43 Paragraph 1. The fourth is considering the fate of the child who is in the womb, because
later when the child is born without marriage, the child only has born without marriage, the child only has a
civil relationship with his mother and his mother's family. mother and her mother's family, of course this is
very worrying. However, if both of them are married, the child becomes a legitimate child in accordance
with Article 42 of the Marriage Law, which explains that the child has a civil relationship with the
mother and her family. Marriage Law article 42 which explains that a legitimate child is a child born in a
legal marriage children born in a legal marriage.