Raising the marriage age, raising dispensations? Evidence from the Malang religious court after constitutional court decision No. 22/PUU-XV/2017

Arifah, Risma Nur and Rahmawati, Erik Sabti (2025) Raising the marriage age, raising dispensations? Evidence from the Malang religious court after constitutional court decision No. 22/PUU-XV/2017. Hakam: Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam, 9 (2). pp. 469-483. ISSN 28295803

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Abstract

This study examines the legal consequences of Constitutional Court Decision No. 22/PUU-XV/2017 on the
minimum marriage age and its relationship with the rising number of marriage dispensation cases before the
Malang Religious Court. Using an empirical juridical (socio-legal) approach, primary data were collected through
interviews with judges and court clerks, while secondary data comprised relevant statutes, the Constitutional
Court decision, and selected court rulings. The findings indicate that the decision was accommodated through
Law No. 16 of 2019, which equalized the minimum marriage age at 19; however, implementation has redirected
practices toward the dispensation mechanism. SIPP data show a sharp increase in dispensation petitions in the
Malang City Religious Court (83 in 2018; 183 in 2019; 260 in 2020; 261 in 2021). Key constraints include opentextured dispensation standards, weak operational guidance and cross-sector coordination, the voluntary nature
of proceedings, and broad judicial discretion that normalizes dispensations. Policy recommendations include
tightening “urgent reasons” criteria, issuing stricter judicial guidelines, and requiring health-psychological
assessments and child-protection involvement.

Item Type:	Journal Article
Keywords:	Putusan Mahkamah Konstitusi; Dispensasi Perkawinan; Batas Usia Kawin
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180114 Human Rights Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012807 Talaq & Khulu' (Divorce) 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012813 Hadhanah (Child Custody, Guardianship)
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Risma Nur Arifah
Date Deposited:	15 Jul 2026 10:32

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