Marriage Dispensation of Minors by Religious Courts in Relation to Women's Reproductive Health Rights

Abstract

The high number of child marriage dispensation applications is still a social problem in Indonesia, especially in the context of reproductive health and child welfare. This study aims to analyze the factors influencing the submission and decision of marriage dispensation and its implications for children's health and social life. The method used in this research is the Normative Juridical method, with analytical descriptive research specifications. Data were collected through literature studies and interviews using secondary data. Of the 190 dispensation applications, 147 were granted, 18 were rejected, 14 were revoked, 2 were annulled, and 6 are still in the trial process. The main reasons for dispensation applications included pregnancy before marriage, dropping out of school, parental concerns, and sexual relations outside marriage. The results showed that in deciding dispensations, judges considered aspects of mental health, social life, Islamic law, and reproductive health. Although the reproductive health aspect is considered important, in cases of pregnancy outside marriage, this consideration is often not a top priority because the child's reproductive organs are already functioning despite the health risks. The implication of this research is the importance of strategic steps from the government to handle child marriage dispensation through education, strengthening regulations, and cooperation between ministries and community organizations in protecting children's reproductive health rights. In addition, religious courts are expected to consider health, mental, social, and economic aspects thoroughly and provide guidance related to reproductive health risks. Courts are also expected to improve documentation of decision publications to support further research.