Journal of Social Research
Vol. 5 No. 6 (2026): Journal of Social Research

Criminal Liability For Those Who Enter Into Contract Marriages With Minors In Indramayu Regency

Harits Tirta Rofif (Universitas Swadaya Gunung Jati)
Sanusi (Universitas Swadaya Gunung Jati)
Muhamad Noupel (Universitas Swadaya Gunung Jati)



Article Info

Publish Date
13 May 2026

Abstract

The practice of contract marriage (mut'ah marriage) involving minors is a socio-legal phenomenon that persists in Indramayu Regency and raises serious problems from a criminal law perspective. This study aims to analyze the factors hindering law enforcement and examine the forms of legal accountability for perpetrators. The method used is normative legal research with a statutory, conceptual, and case-based approach. The results indicate that obstacles to law enforcement are influenced by permissive socio-cultural factors, community economic conditions, low legal awareness, and the practice being conducted behind closed doors and involving family members or intermediaries. Legally, contract marriage lacks legal legitimacy and, if it involves children, is classified as a criminal act of sexual exploitation, punishable by the Child Protection Law, the TPKS Law, and the provisions of the Criminal Code. The perpetrator's criminal liability is based on intent and cannot be waived by reason of the child's consent. Furthermore, participating parties can be held accountable based on the concept of participation. Therefore, firm law enforcement and a preventative approach are needed to provide maximum protection for child victims

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Journal Info

Abbrev

ijsr

Publisher

Subject

Humanities Computer Science & IT Economics, Econometrics & Finance Education Social Sciences

Description

The Journal of Social Research is a double blind peer-reviewed academic journal and open access to social and scientific fields. The journal is published monthly by International Journal Labs. The Journal of Social Research provides a means for sustained discussion of relevant issues that fall ...