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September 16, 2025Kanun Jurnal Ilmu HukumOpen Access

Legal Ambiguities and Judicial Discretion in Child Marriage Dispensation in Aceh Province: Legal Certainty and Human Rights Implications

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Authors

ZZZulfiani ZulfianiLKLiza Agnesta KrisnaRFRini Fitriani

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Overview

Research examines child marriage dispensation in Aceh, highlighting legal certainty and human rights implications.

Key Points

  • Law No. 16/2019 lacks clear definitions for 'very urgent reasons', leading to inconsistent judicial decisions.
  • Judges consider legal and sociological factors when granting dispensations, affecting children's rights and welfare.
  • The study suggests clear guidelines for urgent reasons to enhance legal certainty in child marriage cases.
  • Human rights concerns arise from child marriage, impacting education, protection, and vulnerability to exploitation.

Cite This Study

Zulfiani et al. (2025) studied this question.

synapsesocial.com/papers/68d4565431b076d99fa5b00ahttps://doi.org/10.24815/kanun.v27i2.40252
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Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1Legal Analysis of Inconsistencies in Child Marriage Regulations2024
  2. 2Legal Review on Marriage Dispensation and Its Impact on Children's Right to Education2025
  3. 3Child Protection In Marriage Dispensation: Harmonization of Regulations From The Perspective of The Child Protection Law2026
  4. 4Judicial reasoning and discretion in underage marriage dispensation cases: a case study from the sumbawa religious court2025
  5. 5Judicial Gatekeeping and Multi-Stakeholder Governance in Preventing Child Marriage2026