Interpretasi Hakim terhadap “Alasan Sangat Mendesak” dalam Penetapan Dispensasi Nikah di Pengadilan Agama Medan Kelas I-A

Abstract

This study examines the judicial interpretation of the phrase “urgent reasons” in marriage dispensation decisions at the Medan Religious Court Class I-A. The issue is significant because Law Number 16 of 2019 has increased the minimum age of marriage to 19 years for both men and women, while applications for marriage dispensation continue to appear in religious courts. This study aims to analyze the legal, sociological, philosophical, and benefit-based considerations used by judges in assessing marriage dispensation applications. This research employs an empirical juridical method with a qualitative approach. Primary data were obtained through interviews with judges and observations of marriage dispensation documents, while secondary data were collected from legislation, legal literature, and relevant academic studies. The data were analyzed using the interactive model of Miles and Huberman, consisting of data reduction, data display, and conclusion drawing. The findings indicate that judges interpret “urgent reasons” contextually and on a case-by-case basis. Pregnancy outside marriage, concerns about immoral conduct, social pressure, administrative consequences, and protection of children’s legal status are among the main considerations. This study concludes that clearer judicial guidelines are needed to reduce disparities in marriage dispensation decisions