JOURNAL ARTICLE

Dilemmas faced by judges when granting marriage dispensations for child marriages in West Java, Indonesia.

  • Published In: International Journal of Law, Policy & the Family, 2023, v. 37, n. 1. P. 1 1 of 3

  • Database: Sociology Source Ultimate 2 of 3

  • Authored By: Shahrullah, Rina Shahriyani; Firdaus, Firdaus; Syarief, Elza; Rahmadhony, Aditya; Situmeang, Ampuan; Nasution, Sri Lilestina; Nurlaily, Nurlaily; Kistiana, Sari; Nugraha, Deden Gumilar 3 of 3

Abstract

This article examines the persistence of child marriage in Indonesia’s West Java province, focusing on the Tasikmalaya and Indramayu regencies, despite amendments to the Marriage Law that raised the minimum marriage age to 19 years. The law permits marriage dispensations under Article 7(2) for minors under certain conditions, such as premarital pregnancy, leading to a significant increase in dispensation applications and approvals by religious courts. Research finds that economic hardship, limited educational opportunities, and social norms contribute to child marriage, with judges facing dilemmas in balancing legal requirements and the best interests of children when granting dispensations. While Tasikmalaya has enacted regional regulations to prevent child marriage, implementation remains ineffective due to limited stakeholder collaboration and prevailing community attitudes; Indramayu lacks such regulations but conducts public education campaigns. The study suggests coordinated, multi-stakeholder strategies integrating education, health, and social awareness to reduce child marriage in these regions.

Additional Information

  • Source:International Journal of Law, Policy & the Family. 2023/01, Vol. 37, Issue 1, p1
  • Document Type:Article
  • Subject Area:Religion and Philosophy
  • Publication Date:2023
  • ISSN:1360-9939
  • DOI:10.1093/lawfam/ebad035
  • Accession Number:190499192
  • Copyright Statement:Copyright of International Journal of Law, Policy & the Family is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Looking to go deeper into this topic? Look for more articles on EBSCOhost.