LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan
Vol. 4 No. 1 (2026): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)

REGULATION AND VALIDITY OF UNDERAGE MARRIAGE IN THE PERSPECTIVE OF INDONESIAN CIVIL LAW

Lindri Purbowati (Unknown)
Zainal Arifin Hoesein (Unknown)



Article Info

Publish Date
05 Feb 2026

Abstract

Underage marriage is a legal issue that still frequently occurs in Indonesia despite the existence of regulations on the minimum age for marriage. This study aims to analyze the regulation and validity of underage marriage in the perspective of Indonesian civil law and its legal implications for child protection. The research method used is normative empirical legal research with a regulatory and conceptual approach. The results of the study show that Law Number 16 of 2019 has set a minimum age for marriage for men and women, but the existence of a marriage dispensation mechanism provides legal space for underage marriage to occur. From a civil law perspective, such marriages are still considered valid if they obtain court permission and have the same civil law consequences as marriages in general. However, the practice of marriage dispensation still shows the weak application of the principles of child protection and substantive justice. Therefore, it is necessary to strengthen legal regulations and consider the best interests of the child in every marriage dispensation decision. Keywords: underage marriage; civil law; marriage dispensation.

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Journal Info

Abbrev

lexlaguens

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and another section related ...