LOGIKA HUKUM FRASA “ALASAN SANGAT MENDESAK” DALAM DISPENSASI KAWIN MELALUI HARMONISASI UNDANG-UNDANG NOMOR 16 TAHUN 2019 DAN PERMA NOMOR TAHUN 2019
DOI:
https://doi.org/10.33477/thk.v22i1.11956Abstract
This study examines the normative meaning of the phrase “urgent reasons” (alasan sangat mendesak) in marriage dispensation cases, emphasizing the need for harmonization between Law Number 16 of 2019 on Marriage and Supreme Court Regulation (PERMA) Number 5 of 2019 on Guidelines for Adjudicating Marriage Dispensation Applications. The main issue addressed in this research concerns the ambiguity (vague norm) of the phrase, which leads to varied interpretations among religious court judges, resulting in inconsistent decisions and a weakened principle of legal certainty. Employing a normative juridical approach with a qualitative analysis method, this study draws upon primary, secondary, and tertiary legal materials obtained through library research. The findings reveal that the absence of clear normative indicators in PERMA No. 5 of 2019 causes judges to rely more on social and moral considerations rather than assessing the child’s psychological readiness, indicating that the principle of the best interest of the child has not been fully realized. Therefore, a normative reconstruction is needed by establishing objective criteria, utilizing psychosocial assessment tools, and strengthening judges’ capacity through child protection–oriented training. This research contributes conceptually to the development of Indonesia’s family law system by proposing a model of legal harmonization that integrates legal certainty, substantive justice, and child protection, thereby promoting a more consistent, fair, and human rights–based practice of marriage dispensation.
Keywords: Marriage Dispensation, Urgent Reasons, Legal Harmonization
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
The Authors submitting a manuscript do so on the understanding that if accepted for publication, copyright of the article shall be assigned to TAHKIM: JURNAL HUKUM dan SYARIAH as publisher of the journal.
Copyright encompasses exclusive rights to reproduce and deliver the article in all form and media, including reprints, photographs, microfilms and any other similar reproductions, as well as translations. The reproduction of any part of this journal, its storage in databases and its transmission by any form or media, such as electronic, electrostatic and mechanical copies, photocopies, recordings, magnetic media, etc., will be allowed only with a written permission from TAHKIM: JURNAL HUKUM dan SYARIAH.
TAHKIM: JURNAL HUKUM dan SYARIAH, the Editors and the Reviewers make every effort to ensure that no wrong or misleading data, opinions or statements be published in the journal. In any way, the contents of the articles and advertisements published in the TAHKIM: JURNAL HUKUM dan SYARIAH are sole and exclusive responsibility of their respective authors and advertisers.
