Judges’ perspectives on changes in the legal minimum age at marriage in Indonesia

Abstract

ABSTRACT The new Marriage Act in Indonesia amended the minimum age for marriage for both women and men to 19 years old. Previous studies were dominated by factors that cause or result from Underage Marriage (UM). It is also important to know the perspective of the judges, who have an important role in the UM dispensation process. This study aims to explore the judges’ perspective when considering age changes in the Marriage Act and the ideal age for marriage. This study uses descriptive qualitative and deductive thematic analysis techniques. Data were collected through a purposive sampling technique and semi-structured interviews with 27 Islamic Court judges. There are five perspectives in responding to age limit changes; agreeing with 19 years old, returning to the old act, increasing the age limit to over 19 years old, giving different age limits for men and women, and considering that age does not affect readiness to marry. These perspectives also determine the ideal age for marriage based on several factors. The judges identified key factors indicating a person’s readiness to marry, including psychological maturity, physical and reproductive health, economic stability, educational attainment, and adherence to cultural and religious norms. Additionally, the persistence of underage marriage in Indonesia is attributed to poverty, lack of education, cultural practices like dowry, and societal pressure, particularly in rural areas.