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Author	Mr Muhammad Sobirin
Organisation/Institution	National Research and Innovation Agency
Country	INDONESIA
Panel	Family Law
Title	Balancing Rights and Protection: Judicial Considerations in Child Marriage Dispensation Cases Involving Mental Disability
Abstract	This study explores the judicial dilemma faced by Indonesian judges in deciding petitions for marriage dispensation involving underage applicants with mental disabilities. While Article 28B(1) of the 1945 Constitution guarantees every citizen the right to marry and to form a family, Law No. 16 of 2019 on Marriage establishes a minimum marriageable age of 19 years. The tension between constitutional rights and statutory safeguards becomes particularly complex when both prospective spouses are minors with cognitive impairments. Through an analysis of several final and binding court decisions, this research examines how judges interpret and apply the principles of justice, protection, and family welfare in such cases. Preliminary findings indicate that ratio decidendi often balances two competing considerations: first, the recognition of individual autonomy and the family’s consent; and second, the state’s duty to protect vulnerable persons from exploitation and neglect. This study uses a qualitative descriptive approach using primary data, including the 1945 Constitution, the Marriage Law, related regulations, and selected final court decisions on marriage dispensation for underage persons with mental disabilities. Secondary data are taken from journals, articles and books. Analysis focuses on judges’ reasoning to understand how legal and protective principles are applied in practice, highlighting cases where dispensations were granted based on strong family support and financial guarantees, contrasted with those denied due to the couple’s incapacity to fulfill marital obligations or sustain livelihoods. By situating this issue within broader debates on child marriage, disability rights, and access to justice, the paper argues that judicial discretion plays a crucial role in mediating between legal formalism and socio-ethical realities. The analysis contributes to understanding how courts operationalize the principle of the best interest of the child within Indonesia’s plural legal system and offers insights into the challenges of harmonizing human rights, protection, and social justice in family law adjudication.
Biography	Muhammad Sobirin is a judge currently serving at the Religious Court of Demak. In recent years, he has frequently handled cases related to family law, including divorce, child marriage, and other matters concerning marital and familial issues. His work provides practical insights into judicial decision-making in Indonesia’s family law system. Vera Bararah Barid is a junior researcher at the Research Center for Law, National Research and Innovation Agency (BRIN), specializing in law and vulnerable groups, with a particular focus on the rights and protection of persons with disabilities in the legal system. Several of her publications address legal protections for persons with disabilities, including challenges faced when interacting with courts and law enforcement. She earned a Master of Law from the Faculty of Law, University of Indonesia, where she focused on human rights and legal empowerment for vulnerable communities. Her research interests include child protection, disability rights, and the role of judicial discretion in ensuring fairness and safeguarding the best interests of marginalized individuals. Through both academic publications and field-based research, She has contributed to a better understanding of how legal frameworks and court practices affect the lives of vulnerable populations in Indonesia. She is committed to promoting inclusive legal practices that uphold social justice and the protection of human rights for all citizens, particularly those in marginalized or underrepresented groups.