jurnal niara
Vol. 19 No. 2 (2026): September

Penerapan Asas Kemanfaatan Dalam Putusan Dispensasi Kawin Menurut Perma Nomor 5 Tahun 2019

Robih Salam.FZ (Universitas Andalas)
Yasniwati (Universitas Andalas)
Devianty Fitri (Universitas Andalas)



Article Info

Publish Date
04 Oct 2026

Abstract

Child marriage remains a significant issue in Indonesia despite the increase in the minimum marriage age through Law Number 16 of 2019. Supreme Court Regulation Number 5 of 2019 was enacted to guide judges in handling marriage dispensation cases; however, it may also create opportunities for the legalization of child marriage. This study examines the application of the principle of utility in marriage dispensation decisions and its implications for child protection through a normative juridical approach and case study analysis of five Religious Court decisions. The findings reveal that judges tend to prioritize utility over legal certainty, although its application is inconsistent. Decisions granting dispensation are generally based on social and moral considerations, while decisions rejecting it emphasize the child's long-term welfare. Marriage dispensation produces various legal and social consequences, including the legalization of marriage, administrative registration, and risks to children's psychological well-being, reproductive health, and education. Therefore, clearer legal standards and the involvement of professional experts are needed in the examination of marriage dispensation applications.

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Journal Info

Abbrev

nia

Publisher

Subject

Economics, Econometrics & Finance Education Social Sciences

Description

The scope includes but is not limited to topics, e.g. public policy, administrative reform, corporate governance, collaborative governance, dynamic public services, e-government, digital governance, e-commerce, local government studies, multi-level governance, financial institutions, behavioral ...