Ma’arif, Khaerul
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Dispensasi Perkawinan Anak Pasca UU Nomor 16 Tahun 2019: Evaluasi Reformasi Hukum Keluarga Islam di Indonesia Fauzi , Ahmad; Ma’arif, Khaerul; Hasmaryadi, Hasmaryadi
Jurnal Ragam Pengabdian Vol. 3 No. 2 (2026): Mei-Agustus, Sustainable Development Goals (SDGs): Multidisciplinary Perspectiv
Publisher : Lembaga Teewan Journal Solutions

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62710/th9tff72

Abstract

The enactment of Law Number 16 of 2019 was intended to strengthen child protection by raising the minimum marriage age and limiting child marriage through judicial dispensation. Nevertheless, the persistent increase in marriage dispensation applications has raised concerns regarding the effectiveness of this legal reform. This study aims to evaluate the implementation of marriage dispensation after the enactment of Law Number 16 of 2019, examine the consistency of judicial reasoning from the perspective of maqāṣid al-sharī'ah, and formulate policy recommendations to enhance child protection within Islamic family law. The research employs a descriptive-analytical normative legal method with a socio-legal approach based on library research. Data were collected from statutory regulations, court decisions, official statistical reports, and relevant scholarly literature, and analyzed qualitatively using content analysis. The findings reveal that the decline in child marriage statistics has not fully reflected substantive legal effectiveness because social, cultural, and economic factors continue to drive marriage dispensation applications, while judicial reasoning remains inconsistent in interpreting the requirement of “urgent circumstances.” This study recommends strengthening substantive assessment standards, multidisciplinary evaluation, integrated institutional coordination, and a maqāṣid al-shari’ah-based framework to ensure that marriage dispensation functions strictly as an exceptional legal mechanism prioritizing the best interests of the child.