Proceedings of the International Conference on Sustainable Innovation on Humanities, Education, and Social Sciences (ICOSI-HESS 2022)

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Disparity in Judges’ Legal Reasoning on Marriage Dispensation Regarding Minimum Marriage Age: Indonesian Experience

Authors
Dika Putri Vindi Santika Anie1, *, Herliana1
1Faculty of Law, Universitas Gadjah Mada, Yogyakarta, Indonesia
*Corresponding author. Email: dika.putri.v@mail.ugm.ac.id
Corresponding Author
Dika Putri Vindi Santika Anie
Available Online 24 December 2022.
DOI
10.2991/978-2-494069-65-7_12How to use a DOI?
Keywords
Marriage dispensation; Judge’s legal reasoning; minimum age
Abstract

This article identified and analyzed the disparity of judges’ legal reasoning in granting a marriage dispensation application in respect to the minimum marriage age in Indonesia. This study indicated that amendment to the Marriage Law which increases the marriageable age of women did not necessarily reduce the number of child marriage. On the other hand, such change increased the number of marriage dispensation applications. The legal reasoning applied by judges in examining such applications varied. This research showed that a judge’s ability to interpret the law and the condition of the prospective bride and groom when the application was submitted played an important role in the decision making. The disparity between decisions can affect legal certainty for justice seekers and will be detrimental for law enforcement. To overcome those problems, Indonesia needs regulation which clearly stipulates under what condition the minimum age requirement can be set aside.

Copyright
© 2022 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on Sustainable Innovation on Humanities, Education, and Social Sciences (ICOSI-HESS 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
24 December 2022
ISBN
978-2-494069-65-7
ISSN
2352-5398
DOI
10.2991/978-2-494069-65-7_12How to use a DOI?
Copyright
© 2022 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Dika Putri Vindi Santika Anie
AU  - Herliana
PY  - 2022
DA  - 2022/12/24
TI  - Disparity in Judges’ Legal Reasoning on Marriage Dispensation Regarding Minimum Marriage Age: Indonesian Experience
BT  - Proceedings of the International Conference on Sustainable Innovation on Humanities, Education, and Social Sciences (ICOSI-HESS 2022)
PB  - Atlantis Press
SP  - 120
EP  - 127
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-65-7_12
DO  - 10.2991/978-2-494069-65-7_12
ID  - Anie2022
ER  -