Dilemmas Faced by Judges When Granting Marriage Dispensations for Child Marriages in West Java, Indonesia

Shahrullah, Rina Shahriyani (2023) Dilemmas Faced by Judges When Granting Marriage Dispensations for Child Marriages in West Java, Indonesia. International Journal of Law, Policy and The Family, 37 (1).

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Abstract

Child marriage remains common in Indonesia, particularly in West Java. The highest number of child marriages is seen in the Tasikmalaya and Indramayu regencies. We argue that although the Marriage Law has been amended and the age of marriage consent increased to 19 years to prevent child marriage, the law fails to eliminate child marriages as it allows for a marriage dispensation un�der emergency conditions, such as a minor’s premarital pregnancy. This article is based on empirical research that employs sociolegal approaches to examine the grounds adopted by judges when decid�ing whether to grant or reject marriage dispensation applications in these two regencies. It was found that judges face dilemmas in examining the applications because they must prioritize the best interests of the children. As a result, their decisions are made by considering emergency and non�emergency conditions related to the child. Legal instruments are found to be more comprehensive in Tasikmalaya than in Indramayu. However, their implementation continues to be ineffective in eliminating child marriage. KEYWORDS: Child marriage, Marriage dispensation, Tasikmalaya, Indramayu, West Java

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