Journal of Law Justice
Vol 4 No 1 (2026): Journal of Law Justice (Inpress)

Marriage Validation and Child Marriage: Analysis of the Effectiveness of Law Number 16 of 2019

Kasim, Muhammad (Unknown)
Muhammad Ali (Unknown)
Hasriyanti Hasriyanti (Unknown)



Article Info

Publish Date
30 Jan 2026

Abstract

This study aims to determine the mechanism of itsbat nikah (marriage validation) for underage marriages conducted without a marriage dispensation based on Law Number 16 of 2019 and to formulate effective and implementable legal solutions in handling cases of child marriage without dispensation through the itsbat nikah mechanism. Method This research was conducted using an empirical juridical approach, which combines various legal sources and materials. The primary legal sources used include interview results and statutory provisions. Meanwhile, secondary legal sources were obtained from relevant scientific articles. Data was collected through interviews and then analyzed qualitatively to gain a deeper understanding of the legal issues under review. The novelty of this research is that it analyzes the mechanism of isbat nikah without dispensation and underage marriage without dispensation. The results of the study show that even though underage marriage without dispensation is a violation of laws and regulations, the court still provides room for marriage validation under certain conditions. The conclusion of the study is that more massive legal socialization from the government and the active role of all parties are needed to prevent the practice of child marriage that does not comply with procedures.

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Journal Info

Abbrev

jlj

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Journal of Law Justice (JLJ) is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business ...