Implementasi PERMA Nomor 5 Tahun 2019 tentang Dispensasi Kawin dan Implikasinya terhadap Perlindungan Hak Anak

This study examines the regulation and implementation of Supreme Court Regulation (PERMA) No. 5 of 2019 on Guidelines for Adjudicating Marriage Dispensation Requests and its implications for child rights protection in Indonesian marriage law. Employing a normative juridical approach with statutory and conceptual analysis, the study reviews Law No. 16 of 2019, PERMA 5/2019, and Law No. 35 of 2014 through library research and descriptive-analytical methods. The findings indicate that PERMA 5/2019 provides comprehensive guidelines for judges through the best interests of the child principle, including age verification, child-friendly examinations, and expert involvement to assess health, education, psychological, and family economic aspects. Its implementation shifts the judicial paradigm toward child-centered justice. However, challenges such as socio-cultural pressures, variations in judicial competence, and limited access to experts lead to inconsistent decisions that potentially perpetuate child marriage. Key implications include strengthening children's rights to participation, education, and development, yet field practices show dispensations often rely on emergency reasons like premarital pregnancy without long-term considerations. The study recommends enhancing judicial capacity, institutional synergy, digital monitoring, and regulatory revisions to position dispensation as a limited exception, effectively preventing early marriage.