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Abstract

To find out the legal reasoning of the judge in deciding the Marriage Dispensation Request in the decision
Number: 0122 / Pdt.P / 2018 / PA.Pwt, To achieve this goal the author uses a Normative Juridical approach,
Research specifications are Normative Data presentation methods are presented in the form of descriptions
which are grouped and then arranged systematically. Based on the results of the research and discussion in the
decision Number: 0122 / Pdt.P / 2018 / PA.Pwt, it can be seen that the legal basis of judges in providing
Marriage Dispensation is based on the reasons the two have long had a relationship, love each other, are very
familiar and have engaged even if the applicant's child has been pregnant for 2 months, then it has been
proven that the Petitioner's child is mature enough and mature to settle in. In addition, both of them are single,
there is no relationship, not so that there are no barriers to marriage, and the applicant's family and parents of
prospective husbands have blessed the marriage plan. If the request for dispensation is not granted, it is feared
that things will happen that are not desirable / violate religious norms, and for the good of prospective
children who are being conceived by the prospective bride. The provisions and principles of marriage law have
been fulfilled as stipulated in Article 7 of Law No. 1/1974 Jo Article 15 up to Article 18 and Article 39
Compilation of Islamic Law and in line with the Qaidah Fiqhiyah, (which in Indonesian means: "rejecting
obedience takes precedence over priority"), which means that preventing evil must first sought before doing
good.