NOMOI Law Review
Vol 7, No 1 (2026): May Edition

JURIDICAL ANALYSIS OF MARRIAGE DISPENSATION IN EARLY MARRIAGE (Case Study Of Decision Number 0022/Pdt.P/2023/PA.Pwt)

R.Fahmi Natigor Daulay (Universitas Mataram)
Beverly Evangelista (Universitas Mataram)



Article Info

Publish Date
29 May 2026

Abstract

Early marriage remains a serious problem in Indonesia despite Law Number 16 of 2019 establishing the marriage age limit at 19 years. This normative juridical research analyzes the regulation of marriage age restrictions, marriage dispensation mechanisms, and judicial considerations through a case study of Decision Number 0022/Pdt.P/2023/PA.Pwt. Research findings indicate inconsistencies in the application of marriage dispensation requirements in courts. Judges granted dispensation based on considerations of preventing adultery without examining aspects of the child's best interest in accordance with Supreme Court Regulation Number 5 of 2019. The significant age disparity between prospective spouses (more than 16 years) that potentially creates unequal power relations was disregarded. The research concludes that implementation of the child's best interest principle in marriage dispensation has not been optimal. Recommendations include tightening criteria for urgent reasons, strengthening judge training, and enhancing inter-agency coordination to effectively prevent child marriage.

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Journal Info

Abbrev

nomoi

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

NOMOI Law Review NOMOI Law Rewiew is an academic journal published by Constitutional and Anti-Corruption Studies Center, University of Muhammadiyah Sumatera Utara (UMSU), Medan, North Sumatra, Indonesia, which includes articles on the scientific research field of Law Sciences, includes the results ...