Child marriage dispensation from a reproductive health perspective: why do judges grant or reject applications?

Abstract

Objectives: Child marriage remains a critical public health concern in Indonesia, with significant implications for reproductive health and maternal well-being. In South Kalimantan, Indonesia, the practice is often justified through court-approved dispensations, exposing young brides to higher risks of complications during pregnancy and childbirth, perpetuating cycles of poverty and inequality. This study investigates the determinants influencing judicial decisions on child marriage dispensation applications from a reproductive health perspective, focusing on 13 Religious Courts in South Kalimantan, Indonesia.

Methods: Utilizing a mixed-method design, this study combines quantitative descriptive analysis with qualitative approaches to understand judges' considerations. Data were collected from secondary data source and review of 249 child marriage dispensations case documents from 13 Religious Court in South Kalimantan in 2024.

Results: Among 249 child marriage dispensation cases in 2024, only 27 (10.84 %) involved health examinations for both partners. This disparity indicates that grooms are less likely to comply with health examination requirements, with 181 grooms and 10 brides granted dispensations without health certificates. Despite brides presenting general health certificates, judges often grant dispensations, potentially overlooking significant health risks. Approximately 71.49 % of cases are approved without comprehensive health examinations. Most examinations only provide general health information, with 79.12 % of cases involving health assessments solely for brides, highlighting a significant disparity in pre-marital health evaluations.

Conclusions: Thorough health evaluations and legal age adherence in marriage dispensations protect minors' physical, emotional, and socio-economic well-being. Judges should enforce strict evaluations to safeguard minors' health and rights.