Justicia Religia
Vol 4 No 1 (2026): Justicia Religia: Jurnal Hukum Islam

Perkawinan Di Bawah Umur Dalam Perspektif Perlindungan Anak Dan Praktik Peradilan: Telaah Yuridis Terhadap Dispensasi Kawin

Yogie Fahrisal (Unknown)



Article Info

Publish Date
18 Jun 2026

Abstract

Child marriage in Indonesia raises complex legal questions at the intersection of religion, statutory regulation, family pressure, and the constitutional duty to protect children. This article re-examines marriage dispensation as a legal exception in Indonesian family law and asks how judicial reasoning can move from formal legality to substantive child protection. The study uses normative juridical research through statutory, conceptual, and library approaches. It analyzes marriage-age regulation, child-protection norms, PERMA No. 5 of 2019, Islamic legal maxims, and selected scholarship on marriage dispensation. The novelty of the article is a child- protection and maqashid-oriented framework for judicial consideration. The framework requires judges to test urgency, evidence, the child's autonomy, educational continuity, health risks, psychological readiness, coercion, and post-decision protection. The discussion indicates that religious arguments, legal maxims, statutory provisions, and social facts may inform judicial reasoning, but all must be subordinated to the best-interests-of-the-child principle. The article concludes that marriage dispensation should remain a strict exception supported by expert assessment and monitoring.

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Journal Info

Abbrev

jure

Publisher

Subject

Description

Justicia Religia is an Islamic Law Journal published by Lembaga Penelitian dan Pengabdian Masyarakat (LPPM) Universitas Al-Khairiyah. The journal features scholarly publications in the field of Islamic Law, encompassing classical and contemporary Islamic legal studies; comparative studies between ...