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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Annujum: Journal of Humaniora and Law
Erma Hari Alijana
Universitas Pamulang
Arts Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Marriage from the Perspective of Child Protection Law and Human Rights Erma Hari Alijana
Annujum: Journal of Humaniora and Law Vol. 2 No. 1 (2026)
Publisher : Konsultan Jurnal Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63738/annujum.v2i1.25

Abstract

This study analyzes the effectiveness of legal protection for children against early marriage in Indonesia, examining the issue through the lenses of human rights and family law. Despite the 2019 amendment to the Marriage Law raising the minimum age to 19, child marriage remains prevalent due to significant regulatory disharmony and judicial loopholes. Employing a normative-juridical method supported by empirical socio-legal data, this research investigates the conflict between the Child Protection Law and other statutes regarding the age of majority. The findings demonstrate that the "marriage dispensation" mechanism, intended for emergencies, is systematically exploited to legitimize underage unions, often driven by unintended pregnancies and parental pressure. Consequently, the state inadvertently facilitates violations of children's rights to development and safety. The study concludes that legal reform alone is inadequate; eradicating child marriage requires a synchronized strategy involving stricter judicial audits on dispensation requests, harmonization of conflicting laws, and comprehensive community engagement to dismantle patriarchal norms. This research underscores the urgency of shifting from a purely regulatory approach to a holistic, victim-centered protection framework that prioritizes the child's best interests.
Criminal Acts of Black Campaigning (Black Campaign Practices Under the Supervision of the General Election Supervisory Agency) in the Context of Child Protection Erma Hari Alijana; Sayang Bidul; Muhammad Fikri Aufa
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.6518

Abstract

Elections are a means for the people to participate in determining the direction of government administration. After the amendment to the 1945 Constitution, both the Election of legislative members and the Election of executive power implementers were carried out directly by the people. In carrying out the nomination or contestation stages, which are then continued with the campaign stage, the words/phrases black campaign or black campaign often appear. In general, what is referred to as a black campaign is slandering, pitting against each other, inciting, insulting, or spreading false news carried out by a candidate/group of people/political party/supporter of a candidate against their opponents. If the form is a criticism of the vision, vision, or program of a particular candidate, it is not classified as a black campaign. Black campaigns that can harm Democracy itself. It can also trigger and endanger the unity and integrity of the nation and State's; the rapid development of technology is used as a tool or means to spread false news or hoaxes, slander and SARA issues.
Co-Authors Muhammad Fikri Aufa Sayang Bidul