Mangodianak Tesalonika Naibaho
Fakultas Hukum, Universitas Jenderal Soedirman

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Perlindungan Hak Anak yang Dipoligami di Bawah Umur Perspektif Hukum Islam dan UU Perlindungan Anak Resinta Maulida Dwi ajidiana; Mangodianak Tesalonika Naibaho; Sovia Indah Agustina; Dayinta Azizah; Annisa Nurhikmah
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 4 No. 2 (206): September - Oktober
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/jkhkp.v4i2.2476

Abstract

Child marriage remains a serious problem in Indonesia, and it becomes more complex when a minor is married as a second, third, or fourth wife in a polygamous marriage. Such practices often occur through unregistered marriages (nikah siri) and marriage dispensations, which weaken legal protection for the child. This article aims to analyze the protection of the rights of minors in polygamous marriages from the perspectives of Islamic law and the Indonesian Child Protection Law (Law No. 35 of 2014). This study uses normative legal research with statute, conceptual, and comparative approaches. Legal materials were collected through library research and analyzed using descriptive-analytical qualitative techniques, with Maqasid ash-Shari’ah and the principle of the best interests of the child as analytical frameworks. The findings show that Islamic law, although it sets no explicit minimum marriage age, permits polygamy only on the condition of justice (‘adl) and thus protects religion, life, intellect, lineage, and property; marrying a minor as an additional wife therefore leads to harm (dharar). The Child Protection Law, which defines a child as a person under 18, guarantees the rights to survival and development, reproductive health, protection from exploitation and neglect, and legal identity through preventive, repressive, and rehabilitative protection. Both systems converge on preventing harm and securing children’s welfare, yet unregistered marriage and marriage dispensation remain loopholes that undermine child protection.