Transformation of Child Marriage Law in Indonesia: From Private Law to Public Law

Ja’far Shodiq; Hadziqotun Nahdliyah; Aisyah Nur Mahdiyah

doi:10.2991/978-2-38476-362-7_42

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Transformation of Child Marriage Law in Indonesia: From Private Law to Public Law

Authors

Ja’far Shodiq¹^{, *}, Hadziqotun Nahdliyah¹, Aisyah Nur Mahdiyah¹

¹Fakultas Hukum, Universitas Islam Lamongan, Veteran 53A Street, Lamongan, Indonesia

^*Corresponding author. Email: jafarsodiq@unisla.ac.id

Corresponding Author

Ja’far Shodiq

Available Online 28 February 2025.

DOI: 10.2991/978-2-38476-362-7_42 How to use a DOI?
Keywords: dispensation of marriage; forced marriage; sexual intercourse with a child
Abstract: This article addresses how Indonesian marriage legislation changed from being private to being public, focussing especially on child marriage. The author of this study employs juridical-normative research techniques. This research combines conceptual analysis with legislation, there are two main topics studied, namely; (1) criminal rules regarding forced marriage to children; and (2) criminal rules regarding intercourse with children. Forced marriage to minors is a criminal offence that is covered in the first debate. The Law Number 12 of 2022 Concerning Criminal Acts of Sexual Violence governs forced marriage against minors, Article 10. Article 39, establishes regulations the reporting process for criminal acts of forced marriage and gives judges the chance to report to the authorities if they become aware of forced marriage. The second discussion describes the criminal offense of child copulation. While Article 76 D of Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002 concerning child protection regulates the prohibition of forced child copulation. Crimes concerning child protection are ordinary offenses that also provide opportunities for judges to become reporters if they find the fact that there is coercion of child sexual intercourse committed. Hopefully, this research can encourage the parties to pay more attention for children, in addition to marriage dispensation.
Copyright: © 2025 The Author(s)
Open Access: Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title: Proceedings of the International Conference on Law Reform (5th Inclar 2024)
Series: Advances in Social Science, Education and Humanities Research
Publication Date: 28 February 2025
ISBN: 978-2-38476-362-7
ISSN: 2352-5398
DOI: 10.2991/978-2-38476-362-7_42 How to use a DOI?
Open Access: Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

ris enw bib

TY  - CONF
AU  - Ja’far Shodiq
AU  - Hadziqotun Nahdliyah
AU  - Aisyah Nur Mahdiyah
PY  - 2025
DA  - 2025/02/28
TI  - Transformation of Child Marriage Law in Indonesia: From Private Law to Public Law
BT  - Proceedings of the International Conference on Law Reform (5th Inclar 2024)
PB  - Atlantis Press
SP  - 295
EP  - 301
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-362-7_42
DO  - 10.2991/978-2-38476-362-7_42
ID  - Shodiq2025
ER  -

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