Marriage Dispensation After the Amendment of the Minimum Marriage Age: A Study of Religious Court Decisions in South Sulawesi

Dispensasi Nikah Pasca Perubahan Batas Usia Perkawinan: Studi Putusan Pengadilan Agama di Sulawesi Selatan

Abstract

The amendment of the minimum marriage age through Law Number 16 of 2019, which equalized the minimum age for both males and females at 19 years, was designed to reduce child marriage in Indonesia. However, empirical evidence reveals a dramatic surge in marriage dispensation applications at Religious Courts across the country, including in South Sulawesi. This article examines trends in marriage dispensation rulings at South Sulawesi Religious Courts following the legislative amendment, analyzing judges' legal considerations and their alignment with child protection principles. Findings indicate that judges tend to grant applications on the basis of social emergency considerations such as premarital pregnancy and cultural values of family honor, while the best interest of the child receives insufficient attention. The article concludes that standardized judicial guidelines, strengthened judicial capacity in child protection and gender justice, and multisectoral prevention interventions are urgently needed to ensure that the marriage age reform achieves its intended protective objectives.