Beyond the Law: Cultural Norms, Judicial Dispensation, and the Persistence of Early Marriage in South Kalimantan, Indonesia

Abstract

This paper investigates the persistent phenomenon of early marriage in South Kalimantan, Indonesia, despite the 2019 legal reform that raised the minimum marriage age to 19 for both sexes. We employ a mixed-methods design combining quantitative analysis of 506 Religious Court dispensation rulings from Martapura (2020–2022) with qualitative thematic re-analysis of four existing studies on local marriage practices. Our quantitative results reveal that nearly 100 percent of dispensation applications cite the avoidance of zina (illicit sexual relations) as the primary justification, indicating that the judicial system consistently facilitates underage unions under religious and moral pretexts rather than acting as a deterrent. Qualitative findings further demonstrate that parental control dominates marriage decisions 29 percent of women married early due to arranged marriages and 22 percent followed parental advice while adolescent girls exhibit limited agency within household authority structures. Moreover, three core Banjar cultural norms harmony, economic value, and religious duty deeply embed early marriage as a socially acceptable practice. Government prevention efforts, including legal reform and conditional cash transfers, have proven insufficient to overcome these structural and normative barriers. The study’s primary contribution is the integration of court record analysis with cultural and institutional mechanisms, revealing how the dispensation system and local norms mutually reinforce early marriage. We also propose a framework for future quantitative analysis of parental migration and economic shocks using Indonesia Family Life Survey and migrant worker data, though data extraction for these components remains pending. These findings underscore the need for context-sensitive policy interventions that address cultural legitimation and judicial gatekeeping rather than relying solely on legal age mandates.