Sriwijaya Law Review
Volume 6 Issue 2, July 2022

The Role of Human Rights and Customary Law to Prevent Early Childhood Marriage in Indonesia

Anak Agung Istri Ari Atu Dewi (Universitas Udayana)
Ni Ketut Supasti Dharmawan (Universitas Udayana)
Anak Agung Istri Eka Krisnayanti (Universitas Udayana)
Putu Aras Samsithawrati (Universitas Udayana)
I Gede Agus Kurniawan (Universitas Pendidikan Nasional)



Article Info

Publish Date
19 Jul 2022

Abstract

Preventing early childhood marriage (ECM) can protect children’s rights from the perspective of human rights. There are several rules regarding the age limit for marriage. In Indonesia, the minimum age for marriage is nineteen years. However, in fact, early child marriage is still relatively high, with the seventh highest ranking in the world. This study aims to elaborate on the rights of children, which ECM potentially violates, and to identify who is responsible for minimizing and/or combating this phenomenon. This normative legal research with a human rights approach occurs in the childhood protection context. The results show that ECM has implications for violations against the right to life, the right to education, the right to develop, and the right to health. Thus, more stringently applying international and national law and combining with local wisdom (Balinese Customary Law) in protecting children's rights in the context of preventing ECM can prevent ECM effectively and minimize violations of other children's rights. Moreover, it is believed that the responsibility to reduce and combat ECM not only belongs to the government but also to all stakeholders within the community, such as families, academics, the media, non-profit organizations, entrepreneurs, and customary.

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Journal Info

Abbrev

Publisher

Subject

Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

Description

The Sriwijaya Law Review known as the SLRev launched on the 31st January 2017 and inaugurated formally by the Rector of the university is a forum which aims to provide a high-quality research and writing related to law. Areas that relevant to the scope of the journal cover: business law, criminal ...