DINAMIKA PENETAPAN DISPENSASI KAWIN PASCA UU NO. 16 TAHUN 2019: ANALISIS MASLAHAH MURSALAH TERHADAP PERTIMBANGAN HAKIM DI PENGADILAN AGAMA LUMAJANG TAHUN 2024

Abstract

ABSTRACT

The regulatory change through Law No. 16 of 2019, which raised the marriage age to 19, aims to reduce the rate of child marriage. However, practices in the field show that the number of requests for marriage dispensation in the Tapal Kuda region, particularly at the Lumajang Religious Court (PA Lumajang), still shows a significant trend in 2024. This study aims to analyze the dynamics of marriage dispensation determination using the lens of Maslahah Mursalah. This research uses a qualitative descriptive method with a case study at PA Lumajang. Data were collected through documentation of judges' decisions and in-depth interviews. The results indicate that the primary factor driving dispensation requests is pregnancy outside of marriage. Judges apply the Maslahah Mursalah approach by prioritizing the preservation of Hifz an-Nasl and Hifz ad-Din to prevent adultery, yet this often conflicts with the child's psychological health aspects. The findings affirm that "urgent" reasons are sociological rather than juridical, demanding policy synergy between the judiciary and local government for more comprehensive child protection.

Keywords: Marriage Dispensation; Maslahah Mursalah; Maqashid Syariah; Child Protection; Lumajang Religious Court.