Legal Dysfunction in Granting Dispensation to Underage Marriages In Indonesia

Sudirman

Siti Umrah

Surahman

 

Abstract: This article analyses the dysfunction of Indonesian regulation on dispensation to underage marriages. Although the law number 16 of 2019 amending the law number 1 of 1974 concerning marriage provides that both men and women must be 19 years old to qualify for marriage, there is a possibility to apply to a court for marriage dispensation under the age of 19. The unconditional granting of underage marriage dispensation by courts has resulted in massive increase in the underage marriages in Indonesia. The underage marriage dispensation regulation may have addressed the issue of unregistered marriages solemnised under religious and customary practices, it has exposed young adults to unhealthy marital relationships and fails to promote a harmoniums family life. As pregnancy is one of the grounds on which dispensation is allowed, such dispensation has also encouraged pre-martial sexual intercourse, contributing to a gradual moral degradation of the Indonesian society.