Analysis of Judges' Considerations in Marriage Dispensation Applications at the Tilamuta Religious Court

An Empirical Juridical Study Following Law Number 16 of 2019

Abstract

This article analyzes the factors causing marriage dispensation requests and the judges' considerations in granting them at the Tilamuta Religious Court. The issue of marriage dispensation has become important following the change in the marriage age limit through Law Number 16 of 2019, which sets the minimum age at 19 years for men and women. This study uses an empirical juridical method, with data collection techniques through observation, interviews, and document studies, which were then analyzed qualitatively. The results show that there were 322 applications for marriage dispensation at the Tilamuta Religious Court from 2020–2025, with the highest number in 2020 at 124 applications. Factors causing dispensation requests include pregnancy outside marriage, concerns about adultery, and promiscuity. The judges' considerations in granting the request include legal and sociological aspects, including urgent reasons, supporting evidence, the child's physical and mental readiness, the opinions of the prospective bride and groom, and the socio-psychological impact if the request is granted or rejected. This article emphasizes that marriage dispensation should be positioned as a strict exception mechanism, not a path to normalizing child marriage.