Ulul Albab: Jurnal Studi Islam
Vol 23, No 2 (2022): Islamic Law and Economic

LEGAL SYSTEM THEORY PERSPECTIVE ON CHILD MARRIAGE IN INDONESIA AFTER THE AMENDMENT TO THE MARRIAGE LAW

Purnomo, Agus (Unknown)
Rohmatulloh, Dawam Multazamy (Unknown)



Article Info

Publish Date
27 Dec 2022

Abstract

This article critically examines the ideality and effectiveness of Indonesia’s amended Marriage Law in curbing child marriage, a persistent socio-legal issue with deep-rooted cultural and religious dimensions. Despite legal reforms, child marriage continues to occur at alarming rates, raising questions about the law’s capacity to address structural and normative barriers. Employing Lawrence M. Friedman’s legal system theory, this study analyzes the problem through the interrelated dimensions of legal structure, legal culture, and legal substance. Methodologically, this research adopts a normative-empirical legal approach, integrating doctrinal legal analysis with socio-legal inquiry to assess the sources, functionality, and enforcement of relevant legal instruments. Findings reveal a critical tension between the amended law and prevailing cultural norms. In the dimension of legal culture, the entrenched influence of kitab kuning—traditional Islamic legal texts—continues to shape societal attitudes and justify early marriage, thereby weakening the law’s preventive potential. From the perspective of legal substance, the absence of explicit sanctions for violators constitutes a significant legal loophole, undermining the deterrent effect of the amendment. Nonetheless, in the dimension of legal structure, the issuance of Supreme Court Regulation No. 5 of 2019—governing judicial review of marriage dispensation cases—reflects a proactive institutional response aimed at restricting the practice. This study underscores the urgency of harmonizing legal reform with cultural transformation and institutional enforcement. Its contribution lies in highlighting the multi-dimensional challenges of legal ideality in child marriage prevention and offering a systemic framework for more effective policy implementation.

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Journal Info

Abbrev

ululalbab

Publisher

Subject

Religion Arts Humanities

Description

ULUL ALBAB Jurnal Studi Islam (ISSN 1858-4349 and E-ISSN 2442-5249) is the journal published biannually by Universitas Islam Negeri Maulana Malik Ibrahim Malang. The journal puts emphasis on aspects related to Islamic studies, with special reference to Islamic law, Islamic education, Islamic ...