Ius Civile: Refleksi Penegakan Hukum dan Keadilan
Vol 10, No 1 (2026): April

LEGAL PROTECTION FOR CHILDREN AGAINST EARLY MARRIAGE

Nurhafni, Nurhafni (Unknown)
Rahmiati, Rahmiati (Unknown)
Nugroho, Gandung Sulistio (Unknown)
Safrijal, Airi (Unknown)



Article Info

Publish Date
03 May 2026

Abstract

ABSTRACTThis study aims to analyze the urgency of legal protection for children against early marriage practices within the jurisdiction of the Mahkamah Syar'iyah Banda Aceh. Although the Marriage Law has established a minimum age limit of 19 years, the phenomenon of marriage dispensation continues to occur with various complex backgrounds. Utilizing an empirical juridical research method, this study examines the implementation of law in society through statutory and case approaches. The results indicate six primary determinants driving early marriage: economic factors, low education levels, parental influence, matchmaking practices, social environmental pressure, and personal factors or free association. Judges at the Mahkamah Syar'iyah Banda Aceh grant dispensation requests based on considerations of humanity, safety of life, educational continuity, and protection of offspring. Legal protection for children in this context refers to the guarantee of human rights to marry of free will without coercion as regulated in Article 10 paragraph (2) of the Human Rights Law, as well as preventive efforts through the collective responsibility of families and the government. 

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Journal Info

Abbrev

jcivile

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ius Civile intents to publish issues on law studies and practices in Indonesia covering several topics related to International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human ...