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Agustinus Giri Respati
Universitas WIsnuwardhana Malang, Indonesia

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Dispensation for underage marriage: a legal analysis and its implications for adolescent reproductive health in indonesia RA. Sri Hardini; Agustinus Giri Respati; RM. Achmad Roeswandi; Marsudi Dedi Putra; Carolina Kuntardjo
Science Midwifery Vol 14 No 2 (2026): June: Health Sciences and related fields
Publisher : Institute of Computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/midwifery.v14i2.2364

Abstract

Child marriage, facilitated through judicial marriage dispensation mechanisms, constitutes a persistent public health and human rights crisis in Indonesia. Despite the enactment of Law No. 16 of 2019, which raised the minimum marriage age for women from 16 to 19 years, dispensation applications surged by approximately 171% between 2018 and 2020—from 23,700 to 64,211 cases—revealing a profound policy paradox. This study employs a normative juridical method with statute, conceptual, and case approaches to systematically analyze the adequacy of Indonesia's legal framework governing marriage dispensation in protecting adolescent reproductive health. The analysis reveals three compounding structural deficiencies: (1) normative inadequacy of Supreme Court Regulation (PERMA) No. 5 of 2019, which mandates health considerations without prescribing enforceable standards; (2) pervasive legal pluralism that subordinates child protection norms to customary and religious considerations; and (3) the absence of an interdisciplinary adjudicative framework integrating reproductive health evidence into judicial decision-making. Findings from five Religious Court jurisdictions demonstrate that premarital pregnancy dominates as the grant rationale (averaging 68.2% of cases), while substantive health consideration occurs in fewer than 7% of decisions. Provinces with the highest dispensation rates—including South Kalimantan and West Sulawesi—simultaneously record maternal mortality ratios and adolescent anemia prevalence significantly above national averages, indicating a structurally mediated relationship between legal permissiveness and reproductive health burden. This study proposes a four-dimensional health-responsive legal reform framework encompassing: legislative amendment of Article 7(2), mandatory health screening protocols in PERMA revision, judicial capacity building, and harmonization with CRC and CEDAW obligations.
Legal pluralism in the practice of informed consent among indigenous communities RA. Sri Hardini; Agustinus Giri Respati; RM. Achmad Roeswandi; Imam Ropii
Science Midwifery Vol 14 No 1 (2026): April: Health Sciences and related fields
Publisher : Institute of Computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/midwifery.v14i1.2321

Abstract

The transformation of individual autonomy standards in modern health law often creates a conflict of norms when implemented within the communal social structures of indigenous peoples. This research aims to analyze the dialectics of legal pluralism in the practice of medical informed consent to find a middle ground between centralistic state regulations and the "living law" within indigenous communities. This study employs an empirical legal research method with a socio-legal approach using a descriptive-qualitative design. The results reveal the phenomenon of "collective autonomy," where the validity of medical consent does not merely rely on individual will but is significantly determined by the legitimacy of customary authority and family deliberation mechanisms. Findings indicate that current informed consent practices tend to be legalistic-formal and fail to translate medical risks into local cultural logic, thereby creating judicial vulnerability for both medical personnel and indigenous patients. It is concluded that a reconstruction of the informed consent model based on "Integrative Legal Pluralism" is required, which accommodates communal consent and the use of cultural mediators as a legitimate part of medico-legal procedures. This model offers a strategic solution to achieve a more inclusive healthcare service, respecting the constitutional rights of indigenous peoples while ensuring equitable legal certainty in Indonesia.