The Impact of Law No. 16 of 2019 on Judicial Considerations in Granting Child Marriage Dispensations: A Case Study of the Wonosobo Class IA Religious Court

The phenomenon of child marriage in Indonesia is still quite high, indicating that marriage at the age of a child is considered normal by the community. In 2019, the age limit for marriage was changed to 19 years. Child marriages that do not meet the age limit requirements are carried out with the Marriage Dispensation procedure. The number of applications for Dispensation for Marriage at the Religious Courts of Wonosobo is still high. Judges are faced with a dialectic of considerations between the benefits and harms of the decisions issued, so the considerations and determinations between one application and another cannot be generalized. This study uses the juridical empirical method with descriptive research specifications. The factors behind the dispensation of marriage were low education, pregnancy out of wedlock due to promiscuity, economy and human resources, customs, and parents' ignorance about changes in the age limit for marriage. The basic difference in the determination of the judge is in the consideration of whether or not there is an urgent reason in the application for a marriage dispensation. The judge's consideration puts forward the principle of children's basic rights, which are accommodated concerning child protection.