Bulletin of Community Engagement
Vol. 6 No. 1 (2026): Bulletin of Community Engagement

Child Marriage Dispensation and the Paradox of Legal Protection: A Normative Analysis of Judges' Legal Reasoning

Sri Atika (Unknown)
Iksan (Unknown)
Zuhrah (Unknown)



Article Info

Publish Date
28 Apr 2026

Abstract

This article examines the practice of child marriage dispensation within the Indonesian marriage law system by highlighting the paradox of legal protection embedded in judicial reasoning. Following the reform of the minimum marriage age under Law Number 16 of 2019, the study aims to analyze whether the dispensation mechanism is applied consistently with the objective of child protection. Employing a normative legal research approach, this study analyzes statutory regulations, child protection principles, and the structure of judicial reasoning in court decisions granting child marriage dispensation. The findings reveal that although child protection is normatively acknowledged, judicial practice tends to prioritize short-term pragmatic and social considerations, thereby weakening the preventive function of the minimum marriage age norm. Judicial reasoning frequently normalizes dispensation as an expedient solution, resulting in a shift from substantive child protection to a formal-procedural approach. This article concludes that strengthening child protection in child marriage dispensation cases requires a reorientation of judicial reasoning that consistently places the best interests of the child as the primary evaluative standard and substantive objective in judicial decision-making

Copyrights © 2026






Journal Info

Abbrev

bce

Publisher

Subject

Religion Arts Humanities Education Social Sciences Other

Description

The mission of Bulletin of Community Engagement is to serve as the premier peer-reviewed, interdisciplinary journal to advance theory and practice related to all forms of outreach and engagement . This includes highlighting innovative endeavors; critically examining emerging issues, trends, ...