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November 3, 2025Jurnal Pendidikan PKN (Pancasila dan Kewarganegaraan)Open Access

Judicial reasoning and discretion in underage marriage dispensation cases: a case study from the sumbawa religious court

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Authors

MMMaemunah MaemunahTadulako UniversityIIIsnaini IsnainiUniversity of Muhammadiyah MataramRARefli Ahmad AkbarUniversity of Muhammadiyah Mataram

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Implication

Qualitative analysis reveals judicial discretion shapes child marriage cases in Sumbawa, highlighting legal pluralism's impact.

Key Points

  • Approval rates for underage marriage dispensations remain over 95% despite national legal reforms, emphasizing the judicial reliance on social pressures.
  • Judicial reasoning integrates maslahah and family consensus, but inconsistencies in procedure hinder effective child welfare protection.
  • The study employs a qualitative approach, utilizing courtroom observations, document analysis, and interviews with judges and petitioners for data collection.
  • Legal pluralism influences judicial discretion, necessitating standardized psychosocial assessments and institutionalized child-centered procedures.

Cite This Study

Maemunah et al. (2025) studied this question.

synapsesocial.com/papers/6907f1ac0328c9fb7920b555https://doi.org/10.26418/jppkn.v6i2.97332
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Also Consider

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

  1. 1Assessing Couples’ Readiness and Child’s Best Interests: A Comparative Analysis of Mojokerto Religious Court Decisions on Marriage Dispensation2025 · 1 citations
  2. 2Marriage Dispensation of Minors by Religious Courts in Relation to Women's Reproductive Health Rights2024 · 1 citations
  3. 3Problematics of Granting Dispensation for Marriage that Leads to Child Divorce Study at Pasuruan Class 1A Religious Court2025
  4. 4Legal Analysis of Judge's Determination on Marriage Dispensation Applications After the Issuance of the Supreme Court Regulation of the Republic of Indonesia Number 5 of 20192024
  5. 5Out-of-Court Assistance Based on the Principle of the Best Interests of the Child: Study on Examination Process of Marriage Dispensation Cases2024 · 3 citations