ANALISIS YURIDIS NORMATIF TENTANG ORANG TUA YANG MELAKUKAN PEMAKSAAN DALAM PERKAWINAN ANAK

Dani, Moh. Esza Pratama (2025) ANALISIS YURIDIS NORMATIF TENTANG ORANG TUA YANG MELAKUKAN PEMAKSAAN DALAM PERKAWINAN ANAK. Undergraduate thesis, Universitas Muhammadiyah Malang.

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Abstract

Forced child marriage by parents remains a significant issue in Indonesia. This phenomenon violates children's rights, including the right to education, health, and protection from violence, and contradicts the principles of justice and legal protection. This study aims to analyze the normative juridical aspects of forced child marriage by parents and its impact on the protection of children's rights in Indonesia. The research problems addressed include how Indonesian law regulates forced marriage and the legal consequences arising from forced child marriage by parents. This study employs a normative juridical approach by examining legislation, legal doctrines, and case studies. Primary, secondary, and tertiary legal materials were collected through library research and analyzed descriptively and qualitatively. The findings reveal that forced child marriage violates Law No. 1 of 1974 and Law No. 16 of 2019 on Marriage, Law No. 12 of 2022 on Sexual Violence Crimes, Law No. 35 of 2014 on Child Protection, and the Compilation of Islamic Law. The legal implications of forced child marriage are: (1) Under the Marriage Law, such marriages can be annulled; (2) Under the Sexual Violence Crimes Law, perpetrators may face criminal penalties, including imprisonment or fines;
(3) Under the Child Protection Law, it constitutes a violation of children's rights; and (4) Under the Compilation of Islamic Law, the marriage is deemed invalid.

Item Type: Thesis (Undergraduate)
Student ID: 201910110311130
Keywords: Forced child marriage by parents
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: 201910110311130 echapratama10
Date Deposited: 30 Jan 2025 03:25
Last Modified: 30 Jan 2025 03:25
URI: https://eprints.umm.ac.id/id/eprint/14067

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