Source: Untar Public Relations – DP
Mia Hadiati successfully completed her doctoral studies at the Doctor of Law Study Program (DIH) of the Faculty of Law (FH), Universitas Tarumanagara (Untar), following an Open Examination held on Monday (15/7/2024) at the Auditorium of Building M, Untar Campus I. She was awarded the doctoral degree after successfully defending her dissertation entitled “An Alternative Dispute Resolution Model for Divorce Resulting from Child Marriage in Indonesia.” Mia Hadiati became the 37th graduate of Untar’s Doctor of Law Study Program.
Her research was motivated by the prevalence of child marriage in Indonesia and the amendment of Article 7 Paragraph (1) of Law No. 1 of 1974 through Law No. 16 of 2019, which established 19 years as the minimum legal marriage age for both men and women. The study focuses on protecting the rights of girls and improving access to justice, reflecting a commitment to gender equality and strong justice institutions.
Several cases in Indonesia involve marriages between men in their 40s and 60s and girls as young as 14 years old. Indonesia’s rate of child marriage remains relatively high compared to many other countries. The highest prevalence is found in South Kalimantan (22.77%), West Java (20.93%), and East Java (20.73%). Meanwhile, the highest divorce rates are recorded in South Kalimantan, West Sulawesi, Jakarta, West Java, Central Java, and East Java.
The study identified a causal relationship between high divorce rates and the increasing number of marriage dispensations granted due to parental concerns over adolescent relationships, premarital sexual activity, economic conditions, and educational factors. These findings highlight the importance of educational and economic interventions, which also support the achievement of sustainable development goals.
According to the study, efforts to reduce divorce rates resulting from child marriage should involve a comprehensive approach that includes legal reform, education, and economic empowerment for couples who entered marriage at an underage age.
Mia proposed mediation as an alternative dispute resolution model. After evaluating the strengths and weaknesses of various mediation approaches, she recommended a combination of facilitative mediation and transformative mediation for implementation in Indonesia. She argued that the two models are particularly suitable for the Indonesian context because they help parties reassess their circumstances, psychological conditions, and mental well-being, enabling disputes to be resolved at their root causes.
Prof. Dr. Ariawan Gunadi, S.H., M.H., noted that mediation has been widely adopted in many countries, including Japan and the United States. In Japan, mediation has become a popular dispute resolution mechanism because it prioritizes harmony and peaceful settlement.
The study also emphasized the need to strengthen legal measures by tightening the requirements for marriage dispensations and reactivating the implementation of the Director General of Islamic Community Guidance Decree No. 379 of 2018 concerning Premarital Marriage Guidance for Prospective Couples. Such guidance should be mandatory for all couples, including those marrying as adults and those granted child marriage dispensations. In addition, the enforcement of criminal sanctions against forced marriage should be strengthened in accordance with Law No. 12 of 2022 on Sexual Violence Crimes. The law should also be applied to protect children and prevent child marriage. Mia further recommended the establishment of professional family counseling services working in collaboration with judicial institutions to assist families in resolving disputes, including through mediation processes.
The Open Examination was chaired by Prof. Dr. Amad Sudiro, S.H., M.H., M.M., M.Kn., who also served as Co-Supervisor, while Prof. Mella Ismelina F.R., S.H., M.Hum., served as Principal Supervisor. The internal examiners included Prof. Dr. Ariawan Gunadi, S.H., M.H., Prof. Dr. H. K. Martono, S.H., M.H., Dr. Gunawan Djajaputra, S.H., S.S., M.H., and Dr. Tjempaka, S.H., M.H., M.Kn., while Prof. M. Khoirul Huda, S.H., M.Hum., served as External Examiner. (VH/YS/PA/KJ)
Keywords: Higher Education Tri Dharma (Research), SDG 3 (Good Health and Well-Being), SDG 4 (Quality Education), SDG 5 (Gender Equality), SDG 16 (Peace, Justice and Strong Institutions), SDGs (Sustainable Development Goals)
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