Annujum: Journal of Humaniora and Law
Vol. 2 No. 1 (2026)

Marriage from the Perspective of Child Protection Law and Human Rights

Erma Hari Alijana (Unknown)



Article Info

Publish Date
19 Jan 2026

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.

Copyrights © 2026






Journal Info

Abbrev

i

Publisher

Subject

Arts Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Annujum: Journal of Humaniora and Law is an open access and peer-reviewed journal published by Indonesian Scientific Journal Consultant which provides articles in all fields of Humaniora, Law and related disciplines. The word Annujum comes from Arabic; النجوم which means star, bright, shining, ...