Judicial Gatekeeping and Multi-Stakeholder Governance in Preventing Child Marriage

Child marriage remains a persistent challenge despite legal reforms intended to protect children from early marriage.This study examines child marriage prevention mechanisms in Indonesia following the enactment of Law No. 16 of 2019, which raised the minimum marriage age to 19 years.Using a mixed-methods socio-legal approach, the research analyzes 4,713 marriage dispensation cases adjudicated by the Kraksaan Religious Court between 2020 and 2024, complemented by semi-structured interviews with 18 stakeholders and documentary analysis of legal and policy instruments.Quantitative findings show that statutory reform alone was insufficient to provide substantive protection.Marriage dispensation applications increased from 808 cases in 2020 to 1,335 cases in 2022, while approval rates consistently exceeded 98%, indicating that judicial exceptions frequently weakened the law's protective purpose.Following the implementation of the Regional Action Plan (RAD) for Child Marriage Prevention in 2024, applications declined by approximately 60% and approval rates fell to 73.1%, suggesting improved prevention outcomes through coordinated interventions.Qualitative findings reveal that judicial gatekeeping became more restrictive when supported by multidisciplinary assessments, social welfare referrals, and stronger stakeholder coordination.Through the lens of sadd al-dzari'ah, marriage dispensation is interpreted as a legal mechanism that may facilitate harm when routinely granted, whereas collaborative governance functions as a preventive strategy to block pathways to educational, health, economic, and social harms associated with child marriage.The study demonstrates that effective prevention requires integrating judicial oversight, social support systems, and culturally grounded governance rather than relying solely on legal prohibition.