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Criminal Liability For Those Who Enter Into Contract Marriages With Minors In Indramayu Regency Harits Tirta Rofif; Sanusi; Muhamad Noupel
Journal of Social Research Vol. 5 No. 6 (2026): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v5i6.3176

Abstract

The practice of contract marriage (mut'ah marriage) involving minors is a socio-legal phenomenon that persists in Indramayu Regency and raises serious problems from a criminal law perspective. This study aims to analyze the factors hindering law enforcement and examine the forms of legal accountability for perpetrators. The method used is normative legal research with a statutory, conceptual, and case-based approach. The results indicate that obstacles to law enforcement are influenced by permissive socio-cultural factors, community economic conditions, low legal awareness, and the practice being conducted behind closed doors and involving family members or intermediaries. Legally, contract marriage lacks legal legitimacy and, if it involves children, is classified as a criminal act of sexual exploitation, punishable by the Child Protection Law, the TPKS Law, and the provisions of the Criminal Code. The perpetrator's criminal liability is based on intent and cannot be waived by reason of the child's consent. Furthermore, participating parties can be held accountable based on the concept of participation. Therefore, firm law enforcement and a preventative approach are needed to provide maximum protection for child victims
IMPLEMENTATION OF PROTECTION FOR CHILD VICTIMS IN THE CRIMINAL JUSTICE PROCESS Gina Salsabila Putri; Harits Tirta Rofif; Abid Nur Fariz Pamungkas; Nadhila Shiba Afisa; Waluyadi Waluyadi
Jurnal Abdisci Vol 2 No 8 (2025): VOL 2 NO 8 TAHUN 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/abdisci.v2i8.689

Abstract

Abstract: Background. Aims. The purpose of this study is to evaluate the effectiveness of legal protection provided to child victims of abuse in the criminal justice process. This study uses a Normative Juridical approach. Methods. Secondary and primary data were used to sharpen the analysis. The data collection technique was library research for secondary data and observation for primary data. Meanwhile, the data was analyzed qualitatively. Result. The study's results show that children have the right to special protection and access to opportunities guaranteed by law for their physical, mental, and social growth and development. Conclusion. Children are protected in all aspects of life, including juvenile criminal justice, as Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA) regulates the protection of children who are victims of criminal acts. Implementation. To prevent child abuse, a comprehensive strategy and cooperation between stakeholders are needed, such as increasing the need for children's social interaction and strengthening the communication bond between parents and children.