Dynamics Of Legal Politics Regarding Marriage Age Limits In Indonesia: Between Religious Norms And Social Change

The change in regulations regarding the age limit for marriage in Indonesia is a response to the high rate of child marriage, which still faces various challenges in its implementation. This study examines the debate between tradition and modernity in child marriage practice, the legislative process, and the challenges faced in changing the age limit norms for marriage and marriage dispensation as a legal loophole in enforcing the age limit norms for marriage. The research method employs a normative juridical with statutory and conceptual approaches. The study results show that changes in the age limit norms for marriage aimed to protect children's rights. However, religious norms and social pressure influence its implementation through marriage dispensation in the Religious Court, resulting in inconsistencies in its law enforcement. This condition poses a challenge to harmonize religious norms with social change. This study emphasizes the need for a more transparent and strict marriage dispensation mechanism. In addition, increasing public legal awareness is the key to encouraging social changes that support child protection. Strengthening public awareness and consistent regulations is expected to minimize and suppress the number of child marriages.

Authors

Institutions

Publication Details

Journal
JURNAL HUKUM ISLAM
Published
2024-12-15
DOI
https://doi.org/10.28918/jhi.v22i2.06
Primary Topic
Gender and Women's Rights
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Dynamics Of Legal Politics Regarding Marriage Age Limits In Indonesia: Between Religious Norms And Social Change

Siti Kafidhoh, Nadzif Ali Asyari, Ali Mutakin Ali Mutakin, Iqbal Saujan
JURNAL HUKUM ISLAM
Gender and Women's Rights
article

Dynamics Of Legal Politics Regarding Marriage Age Limits In Indonesia: Between Religious Norms And Social Change

Siti Kafidhoh, Nadzif Ali Asyari, Ali Mutakin Ali Mutakin, Iqbal Saujan
article en

Abstract

The change in regulations regarding the age limit for marriage in Indonesia is a response to the high rate of child marriage, which still faces various challenges in its implementation. This study examines the debate between tradition and modernity in child marriage practice, the legislative process, and the challenges faced in changing the age limit norms for marriage and marriage dispensation as a legal loophole in enforcing the age limit norms for marriage. The research method employs a normative juridical with statutory and conceptual approaches. The study results show that changes in the age limit norms for marriage aimed to protect children's rights. However, religious norms and social pressure influence its implementation through marriage dispensation in the Religious Court, resulting in inconsistencies in its law enforcement. This condition poses a challenge to harmonize religious norms with social change. This study emphasizes the need for a more transparent and strict marriage dispensation mechanism. In addition, increasing public legal awareness is the key to encouraging social changes that support child protection. Strengthening public awareness and consistent regulations is expected to minimize and suppress the number of child marriages.

JURNAL HUKUM ISLAMVol. 22(2)
South Eastern University of Sri Lanka (LK), Universitas Sains Al-Qur'an (ID), Institut Agama Islam Negeri Bengkulu (ID)
Openalex Percentile: Top 55%
Gender and Women's Rights
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Dynamics Of Legal Politics Regarding Marriage Age Limits In Indonesia: Between Religious Norms And Social Change — Siti Kafidhoh, Nadzif Ali Asyari, et al. · JURNAL HUKUM ISLAM (2024) | TGRS Research Map | TGRS