Perlindungan Hak Anak dalam Proses Dispensasi PerkawinanStudi Kasus Putusan Nomor 98/Pdt.P/2024/PA.Kwd

Abstract

Child marriage resulting from underage sexual intercourse is a legal issue that requires serious attention in the context of child protection and law enforcement. This research aims to analyze marriage dispensation for individuals who have engaged in underage sexual intercourse, as well as its legal and social implications. The research method used is **normative legal research**, which focuses on the analysis of legislation and related legal doctrines. This approach involves document studies, including Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law, as well as an examination of relevant court decisions.
The research findings indicate that marriage dispensations are often granted in response to situations where sexual relations have occurred, despite being contrary to the minimum age requirements for marriage. This raises ethical questions regarding the legitimacy of such marriages and their impact on children's rights. This research also found that marriage dispensations can exacerbate the issue of early marriage, which negatively impacts the education and reproductive health of adolescents.
The conclusion of this research highlights the need for policy reforms to protect children's rights and prevent early marriage, as well as the importance of comprehensive sex education as a preventive measure. Marriage dispensations must be considered carefully so as not to harm the most vulnerable parties in this situation.