The Criminal Law of Forced Marriage on Children as a Preventive Measure on Sadz Dzariah's Perspective

This research aims to find out the law that can criminally prosecute perpetrators of forced marriage on children and what is Sadz Dzariah's theoretical perspective on punishing perpetrators of forced marriage on children considering that marriage hurts children so the government makes criminal regulations, for cases of sexual violence where children become victims. This is most important because every child has the right to survival, growth, and development and the right to protection from violence and discrimination. In this research, the author uses a juridical-normative research method that combines conceptual analysis with legislation. The result is that, first; To provide protection and guarantee the rights of children, the government has established various laws and regulations that can prosecute perpetrators of forced marriage and sexual violence against children, such as; the Law Number 35/2014article 76 D, Law number 17/2016 article 81 and Law number 12/2022 article 10. Second; The existence of criminal articles for perpetrators of forced marriage is an effort by the government to close (سد) so that child marriage does not occur which becomes a way or cause (الذريعة) the emergence of negative impacts on children.

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Publication Details

Journal
Al-Jinayah Jurnal Hukum Pidana Islam
Published
2024-12-31
DOI
https://doi.org/10.15642/aj.2024.10.2.219-236
Citations
2
Primary Topic
Gender and Women's Rights
Type
article
Field-Weighted Citation Impact
4.46
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article

The Criminal Law of Forced Marriage on Children as a Preventive Measure on Sadz Dzariah's Perspective

Ja’far Shodiq, Isniyatin Faizah, M. Arif Musthofa, Aisyah Nur Mahdiyah
2 citations
Al-Jinayah Jurnal Hukum Pidana Islam
Gender and Women's Rights
4.46
article

The Criminal Law of Forced Marriage on Children as a Preventive Measure on Sadz Dzariah's Perspective

Ja’far Shodiq, Isniyatin Faizah, M. Arif Musthofa, Aisyah Nur Mahdiyah
article en
2 citations

Abstract

This research aims to find out the law that can criminally prosecute perpetrators of forced marriage on children and what is Sadz Dzariah's theoretical perspective on punishing perpetrators of forced marriage on children considering that marriage hurts children so the government makes criminal regulations, for cases of sexual violence where children become victims. This is most important because every child has the right to survival, growth, and development and the right to protection from violence and discrimination. In this research, the author uses a juridical-normative research method that combines conceptual analysis with legislation. The result is that, first; To provide protection and guarantee the rights of children, the government has established various laws and regulations that can prosecute perpetrators of forced marriage and sexual violence against children, such as; the Law Number 35/2014article 76 D, Law number 17/2016 article 81 and Law number 12/2022 article 10. Second; The existence of criminal articles for perpetrators of forced marriage is an effort by the government to close (سد) so that child marriage does not occur which becomes a way or cause (الذريعة) the emergence of negative impacts on children.

Al-Jinayah Jurnal Hukum Pidana IslamVol. 10(2)
Universitas Nahdlatul Ulama Indonesia (ID), Universitas Islam Lamongan (ID)
Openalex Percentile: Top 4%
Gender and Women's Rights
4.46
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