‘REASONS FOR CONCERN’ ON MARRIAGE DISPENSATION DECISIONS IN BATUSANGKAR RELIGIOUS COURT

Abstract

This article discusses the ‘alasan khawatir’ [reason for concern] as a ground for the marriage dispensation files in Batusangkar Religious Court. This research had begun prior to the revision of the marriage dispensation regulation (Act 16/2019 and Supreme Court Regulation 5/2019). This is juridical-normative research accompanied by interviews. The data was gathered by investigating the marriage dispensation decisions (2017-2018) in Batusangkar Religious Court. Data was also obtained through interviews with judges, litigants, and figures who were capable to explain marriage dispensation in the Batusangkar community. This study finds that marriage dispensations in Batusangkar Religious Court are frequently justified by ‘parental concerns’. The cases that are granted under these pretexts often do not reflect actual facts that led to marriage. Judges believe that decisions produced during that time are relevant to the information provided by the litigants, even if the judges did not hear the facts (clearly). In addition, this study indicates that, following the implementation of the new regulation, judges appear to be more motivated to prioritize the child’s best interests as a principle to consider. As a result, granted applications become more stringent in emergency situations and according to the child’s best interests.