Exceptions to the Prohibition of Child Marriage in Indonesia Since the Reform Era: Between Judicial Activism, Cultural Resilience, and Human Rights Standards

Dispensasi Pernikahan Anak di Indonesia Pasca Reformasi: Antara Aktivisme Yudisial, Ketahanan Budaya, dan Standar Hak Asasi Manusia

Abstract

The 2019 amendment to the Marriage Law, which raised the minimum marriage age for women to 19, was intended to reduce the rate of child marriage; however, this regulation unexpectedly triggered a drastic surge in applications for marriage dispensations in Religious Courts. This study examines the complex dynamics of child marriage dispensations in Indonesia following legal reforms, specifically analyzing the tension between judicial activism, cultural resistance, and international human rights standards. Using a socio-legal research method, this study analyzes judicial rulings in several strategic Religious Courts as well as empirical data from interviews with judges, religious leaders, and affected families. The findings reveal a significant gap between the legislative intent of the law and judicial practice; while some judges engage in judicial activism by tightening requirements to protect children’s rights, the majority continue to grant requests due to strong local cultural resistance, socio-economic pressures, and widespread concerns regarding out-of-wedlock pregnancy. Consequently, formal legal reforms face a cultural disconnect when confronting the “living law” within society, leading to the fragmentation of children’s human rights protections. This study concludes that the codification of normative law is not strong enough to eradicate child marriage. Consequently, future legal policies must shift from a purely prohibitive legislative approach toward an integrated socio-legal strategy that involves traditional and religious leaders, as well as interventions addressing structural poverty, in order to bridge the gap between human rights standards and local cultural realities