INDONESIA'S DYNAMICS OF CHILD MARRIAGE (Legalisation of Child Marriage through Marriage Dispensation in the Islamic Courts)

Abstract

Marriage dispensation is an alternative government policy that is expected to be able to overcome various problems in Indonesian family law, but on the other hand it has a negative impact on the growth of child marriage cases which have become one of the concerns of international organizations in the field of human rights. This is because countries with Muslim majority populations experience a significant growth in the number of child marriage cases. Therefore this policy is considered as a loophole that hinders efforts to prevent child marriage cases in Indonesia. An alternative government policy known as marriage dispensation is expected to be able to resolve a number of issues with Indonesian family law, but it also has a detrimental effect on the rise in child marriage cases, which are a concern for international organisations working in the field of human rights. This is due to the fact that child marriages are increasing significantly in nations with Muslim majorities. Therefore, it is believed that this policy is a flaw that undermines efforts to stop child marriages in Indonesia.Researchers found a number of factors that contribute to the growth of child marriage through the marriage dispensation route, with early love relationships being one of the most significant. These relationships have an impact on pre-marital sex, which ultimately results in pregnancy at a young age. The best course of action for the Indonesian government is to implement preventive policies early on with the active participation of parents in Indonesians have a tendency to be receptive to foreign cultures that do not conform to the country's religious and noble cultural values, thus the environment as well as legislation under several strategic ministry sectors work to slow the speed of sociocultural change.After conducting an in-depth study through the literature and a case study approach, the researchers found various factors that trigger the growth of child marriage through the dispensation of marriage, one of the most influential is romantic relationships from an early age which has an impact on premarital sex which ultimately leads to pregnancy at a young age, the right solution that can be done by the Indonesian government is to issue preventive policies early on with the active participation of parents and the surrounding environment as well as regulations under various strategic ministry sectors to inhibit the pace of socio-cultural change where Indonesian people tend to be open to foreign cultures that are not in line with the norms of religion and noble culture of Indonesia, especially teenagers who are still included in the age of children