Raden Susan Fauziyyah Hasan
Universitas Padjadjaran

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Gender Equality among the Sasak Indigenous Community in the Practice of Merariq Kodeq Raden Susan Fauziyyah Hasan; Sonny Dewi Judiasih; Hazar Kusmayanti
Journal of Law, Politic and Humanities Vol. 6 No. 5 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i5.3426

Abstract

The practice of merariq kodeq, a form of child marriage commonly carried out through elopement or without the full and free consent of the parties involved, remains prevalent in West Nusa Tenggara and frequently results in violations of women's fundamental rights, particularly in the areas of education, health, and social participation. This study aims to examine the implementation of legal frameworks designed to reduce the occurrence of merariq kodeq and to evaluate the extent of legal protection afforded to women's rights within this practice among the Sasak indigenous community. The research employs a normative juridical approach, supported by interview data obtained from Sasak customary leaders. The findings reveal that the government has enacted several legal instruments intended to curb the practice of merariq kodeq, including Law No. 16 of 2019 on Marriage and the West Nusa Tenggara Regional Regulation No. 5 of 2021 on the Prevention of Child Marriage. The study finds, however, that the implementation and dissemination of these regulations have not been sufficiently effective, resulting in the continued prevalence of merariq kodeq within the community. With regard to the protection of women's rights, legal safeguards remain largely normative in nature, while customary norms frequently overlook the principle of women's free and informed consent. Women's access to education and reproductive health services also remains limited and inadequate. This study recommends greater integration between national legal frameworks and the transformation of customary law through the strengthening of the roles of customary leaders and local governments in mediation processes, the clarification of marriage dispensation mechanisms, and the provision of legal education aimed at empowering women as agents of social change. Future research is encouraged to adopt an empirical approach in order to assess the effectiveness of existing policies at the level of indigenous communities.
Kebijakan Hukum Pencegahan Perkawinan Anak dalam Peraturan Daerah Provinsi Nusa Tenggara Barat Nomor 5 Tahun 2021 Raden Susan Fauziyyah Hasan
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 5 No. 2 (2026): Juni: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v5i2.6369

Abstract

This study aims to analyze the legal policies on the prevention of child marriage in West Nusa Tenggara Provincial Regulation No. 5 of 2021 from the perspective of child protection. This study employs a normative legal methodology using both a legislative and a conceptual approach. The results of the study indicate that NTB Regional Regulation No. 5 of 2021 is a regional legal instrument aimed at preventing child marriage through preventive, educational, coordinative, and participatory approaches. This policy is in line with the Child Protection Act and the Marriage Act because it recognizes children as legal subjects whose rights must be protected. However, its effectiveness still requires strengthened implementation through public awareness campaigns, interagency coordination, oversight, the involvement of traditional and religious leaders, and periodic evaluations.