The Legal Protection Against Child Marriage in Indonesia

Every child is a human being who possesses the right to justice, freedom, and opportunity to develop regardless of nationality, race, religion, or skin complexion. These rights of children are guaranteed by the United Nations Universal Declaration of Human Rights. However, its reality indicates othe...

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Main Authors: Rizky Irfano Aditya, L.B. Waddington
Format: Article
Language:English
Published: Faculty of Law, Universitas Sebelas Maret, Surakarta 2021-11-01
Series:Bestuur
Subjects:
Online Access:https://jurnal.uns.ac.id/bestuur/article/view/55144
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author Rizky Irfano Aditya
L.B. Waddington
author_facet Rizky Irfano Aditya
L.B. Waddington
author_sort Rizky Irfano Aditya
collection DOAJ
description Every child is a human being who possesses the right to justice, freedom, and opportunity to develop regardless of nationality, race, religion, or skin complexion. These rights of children are guaranteed by the United Nations Universal Declaration of Human Rights. However, its reality indicates otherwise, as children are often the victims of exploitation. One of the worst such kinds of child exploitation is child marriage. This study aims to analyze the legal protection against child marriage in Indonesia. This research is conducted through the normative analysis of various written sources. This study concludes that the Indonesian Child's Act even has a provision that stipulates the obligation of parents to prevent early marriages. However, the law is somewhat effective in Indonesia. Unfortunately, the fatal flaw is the low-threshold provision that enables parents to request dispensation for early marriage. This shatters all the efforts to eliminate child marriage. Thus far, the Indonesian Government also has shown its reluctance to ever amend discriminatory provisions in the Indonesian Marriage Act related to the practice of child marriage despite numerous recommendations from the Convention on the Elimination of Discrimination against Women.
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spelling doaj.art-5c71a2e57b3742e5a0cf08102bbfc6982022-12-22T04:15:53ZengFaculty of Law, Universitas Sebelas Maret, SurakartaBestuur2302-37832722-47082021-11-019212613410.20961/bestuur.v9i2.5514432359The Legal Protection Against Child Marriage in IndonesiaRizky Irfano Aditya0L.B. Waddington1Faculty of Law, Maastricht UniversityFaculty of Law, Maastricht UniversityEvery child is a human being who possesses the right to justice, freedom, and opportunity to develop regardless of nationality, race, religion, or skin complexion. These rights of children are guaranteed by the United Nations Universal Declaration of Human Rights. However, its reality indicates otherwise, as children are often the victims of exploitation. One of the worst such kinds of child exploitation is child marriage. This study aims to analyze the legal protection against child marriage in Indonesia. This research is conducted through the normative analysis of various written sources. This study concludes that the Indonesian Child's Act even has a provision that stipulates the obligation of parents to prevent early marriages. However, the law is somewhat effective in Indonesia. Unfortunately, the fatal flaw is the low-threshold provision that enables parents to request dispensation for early marriage. This shatters all the efforts to eliminate child marriage. Thus far, the Indonesian Government also has shown its reluctance to ever amend discriminatory provisions in the Indonesian Marriage Act related to the practice of child marriage despite numerous recommendations from the Convention on the Elimination of Discrimination against Women.https://jurnal.uns.ac.id/bestuur/article/view/55144legal protectionchild marriageindonesia.
spellingShingle Rizky Irfano Aditya
L.B. Waddington
The Legal Protection Against Child Marriage in Indonesia
Bestuur
legal protection
child marriage
indonesia.
title The Legal Protection Against Child Marriage in Indonesia
title_full The Legal Protection Against Child Marriage in Indonesia
title_fullStr The Legal Protection Against Child Marriage in Indonesia
title_full_unstemmed The Legal Protection Against Child Marriage in Indonesia
title_short The Legal Protection Against Child Marriage in Indonesia
title_sort legal protection against child marriage in indonesia
topic legal protection
child marriage
indonesia.
url https://jurnal.uns.ac.id/bestuur/article/view/55144
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