IMPLEMENTASI TERHADAP KEPENTINGAN TERBAIK BAGI ANAK DALAM PERKARA DISPENSASI KAWIN DI KOTA SUKABUMI (STUDI KASUS PENGADILAN AGAMA SUKABUMI)

Marriage must be carried out with adequate age, financial, mental and physical readiness. However, child marriage is still something that many people do, especially in Indonesia, which is still influenced by local community customs. Things that usually cause child marriage to occur are economic problems, low education, cultural understanding such as the existence of an arranged marriage system in society. The occurrence of child marriage illustrates the weakness of the law and related legal bodies regarding cases of unlawful marriage. Marriage dispensation can be interpreted as an exemption from an obligation or prohibition for men and women who do not yet meet the requirements for marriage, namely in the form of granting permission by the Court. Marriage dispensation is an option for prospective brides and grooms who are not yet old enough to still be able to get married. The marriage dispensation exists because it relates to the age limit set by statutory regulations. In this research, 2 (two) problem formulations were raised, including: (1) What is the urgency of issuing PERMA Number 5 of 2019?; and (2) What are the indicators of the best interests of the child in the application for marriage dispensation? This research uses an empirical juridical research method, where this method is also accompanied by approaches that support the success of the research, in this case the case approach, conceptual approach, legislative approach, and interviews are carried out. The urgency of issuing PERMA Number 5 of 2019 as a minimum effort to prevent an increase in marriage dispensations, because basically PERMA Number 5 of 2019 contains juridical meaning that must be fulfilled by every applicant. The juridical meaning is an indicator which is a requirement that must be completed when registering a marriage dispensation.

Keywords: Best Interests of Children, Marriage Dispensation, PERMA No. 5 of 2019.