PERKAWINAN DINI DAN ANCAMAN PUTUS SEKOLAH: ANALISIS PERAN PENGADILAN AGAMA DALAM PERLINDUNGAN HAK PENDIDIKAN ANAK

Abstract

Child marriage remains a significant social and legal issue in Indonesia, particularly due to its potential impact on children's rights, including the right to education. The increasing number of marriage dispensation applications indicates that underage marriage continues to occur despite the enactment of Law Number 16 of 2019, which sets the minimum marriage age at 19 years for both men and women. This study aims to analyze the role of the Religious Court in preventing child marriage through the rejection of marriage dispensation applications and to examine its contribution to the protection of children's educational rights. This research employed a normative juridical method using a case approach and a statutory approach. The primary legal materials consisted of relevant legislation and the Decision of the Nganjuk Religious Court Number 61/Pdt.P/2024/PA.NGJ, while secondary legal materials were obtained from books, journals, and related scientific literature. The findings reveal that the Nganjuk Religious Court played a preventive and educational role by providing legal advice to the applicants, which ultimately led to the withdrawal of the marriage dispensation request. The court’s actions demonstrate its commitment to enforcing legal norms, protecting children from the adverse effects of early marriage, and supporting the continuity of children's education. Furthermore, the rejection of marriage dispensation serves not only as a legal mechanism but also as an effort to safeguard children's rights and reduce the risk of school dropout caused by early marriage.