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VOL. 10, ISSUE 6 (2024)
Marriage dispensation as a form of legal renewal in marriage legalization
Authors
Erma Harri Aliijana, Purgito
Abstract
This study discusses marriage dispensation as a form of legal reform in
the legalization of marriage in Indonesia. Marriage dispensation, as stipulated
in Article 7 paragraph (2) of Law Number 16 of 2019 concerning Amendments to
Law Number 1 of 1974 concerning Marriage, allows marriage to occur under the
minimum age determined by the approval of the court. This mechanism aims to
provide legal solutions to certain problems, such as pregnancy out of wedlock
or cultural reasons, that require a quick resolution but remain within the
legal framework. This study examines the juridical, sociological, and
implementation aspects of marriage dispensation in the context of legal reform,
as well as how this policy seeks to protect children's rights and the best
interests of marriage. The results of the study
show that marriage dispensation can serve as a tool to bridge legal norms with
complex social realities. However, its implementation still faces challenges in
the form of a lack of public understanding, abuse of the dispensation
mechanism, and potential conflicts with the principle of child protection.
Therefore, it is necessary to strengthen regulations, public education, and
stricter supervision to ensure that marriage dispensation is used in accordance
with the expected purpose. The conclusion of this study emphasizes the
importance of the role of marriage dispensation as a form of adaptive legal
reform, but must be balanced with a commitment to protect human rights and
realize social justice in marriage.
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Pages:77-81
How to cite this article:
Erma Harri Aliijana, Purgito "Marriage dispensation as a form of legal renewal in marriage legalization". International Journal of Law, Vol 10, Issue 6, 2024, Pages 77-81
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