MARRIAGE DISPENSATION AND REASONS OF URGENCY:Measuring the Limits of Justice in Religious Courts

Abstract

The increasing number of marriage dispensation cases is a significant issue in 
Indonesian family law following the amendment to Law Number 16 of 2019. This 
regulation introduces a new perspective on the marriage age limit in the Republic of 
Indonesia. Previously, marriage was only permitted if the man was 19 years old and the 
woman was 16 years old. This regulation was then amended to 19 years old for both men 
and women. This regulation reflects the state's commitment to child protection and the 
prevention of child marriage. However, in practice, many people apply for marriage 
dispensation to the Religious Courts. Dispensation is fundamental. Therefore, granting a 
marriage dispensation requires careful consideration, considering both positive law, 
child protection, and substantive justice.