Legal Problems of Minor Marriage in the Perspective of Customary, Islamic, and Civil Law

Abstract

This study discusses the legal problems of child marriage in the perspective of customary, Islamic, and civil law in Indonesia. Despite the decline in child marriage rates, the practice is still common, especially in areas with cultural and economic pressures. Through a doctrinal law approach, this study analyzes the social legitimacy of child marriage, as well as the conflict between customary norms and national law. The findings show that customary law often ignores the basic rights of children, while Islamic and civil law experience ambivalence in regulatory enforcement. The often abused marriage dispensation is a major challenge in child protection. This study recommends regulatory harmonization and multi-sectoral support to address the problem of child marriage and protect children's rights in Indonesia.