Implementasi Kebijakan Dispensasi Kawin Berdasarkan Peraturan Mahkamah Agung Nomor 5 Tahun 2019 di Pengadilan Agama Pekanbaru

Abstract

This study aims to analyze the implementation of the marriage dispensation policy based on Supreme Court Regulation Number 5 of 2019 at the Pekanbaru Religious Court. This study applies George C. Edward III’s policy implementation theory, which consists of communication, resources, disposition, and bureaucratic structure, and is strengthened by the principle of the best interests of the child. The research method used is descriptive qualitative with data collection techniques through   interviews,   observation,   and   documentation.   Research   informants consisted of judges, court clerks, service officers, and related parties at the Pekanbaru Religious Court. The results of the study indicate that the implementation of the marriage dispensation policy at the Pekanbaru Religious Court has not been fully optimal. In terms of communication, internal information dissemination has been carried out but has not yet been implemented continuously. In terms of resources, the number of court personnel is sufficient, but it is not yet supported by specialized competence in child-related cases and supporting professionals such as psychologists or counselors. In terms of disposition, policy implementation is still influenced by differences in judges’ perspectives in interpreting urgent reasons and the objectives of marriage dispensation. Meanwhile, in terms of bureaucratic structure, the examination process has generally followed the provisions of Supreme Court Regulation Number 5 of 2019, but has not been optimal in implementing child-friendly examination procedures and coordinating supporting services. Based on the principle of the best interests of the child, the implementation of marriage dispensation at the Pekanbaru Religious Court has not been able to consistently apply this principle, as policy implementation still relies on judicial discretion and is not yet supported by a comprehensive supporting system.