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All Journal Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam
Hussin, Mohd Nurhusairi Bin Mat
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Religion Law, Crime, Criminology & Criminal Justice

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RAISING THE MARRIAGE AGE, RAISING DISPENSATIONS? EVIDENCE FROM THE MALANG RELIGIOUS COURT AFTER CONSTITUTIONAL COURT DECISION NO. 22/PUU-XV/2017 Arifah, Risma Nur; Hussin, Mohd Nurhusairi Bin Mat; Rahmawati, Erik Sabti; Zahro, Anggreani Kharimatuz
JURNAL HAKAM Vol 9, No 2 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i2.13761

Abstract

This study examines the legal consequences of Constitutional Court Decision No. 22/PUU-XV/2017 on the minimum marriage age and its relationship with the rising number of marriage dispensation cases before the Malang Religious Court. Using an empirical juridical (socio-legal) approach, primary data were collected through interviews with judges and court clerks, while secondary data comprised relevant statutes, the Constitutional Court decision, and selected court rulings. The findings indicate that the decision was accommodated through Law No. 16 of 2019, which equalized the minimum marriage age at 19; however, implementation has redirected practices toward the dispensation mechanism. SIPP data show a sharp increase in dispensation petitions in the Malang City Religious Court (83 in 2018; 183 in 2019; 260 in 2020; 261 in 2021). Key constraints include open-textured dispensation standards, weak operational guidance and cross-sector coordination, the voluntary nature of proceedings, and broad judicial discretion that normalizes dispensations. Policy recommendations include tightening “urgent reasons” criteria, issuing stricter judicial guidelines, and requiring health-psychological assessments and child-protection involvement.
Co-Authors Erik Sabti Rahmawati Risma Nur Arifah Zahro, Anggreani Kharimatuz