PERNIKAHAN USIA DINI DALAM PANDANGAN GENDER DAN HAK ANAK: ANALISIS LITERATUR NORMATIF DAN HAM

Abstract

Early marriage or child marriage is a social issue that remains a major concern in Indonesia despite various regulations that seek to reduce it. This practice generally arises due to the influence of patriarchal culture, social pressure, economic circumstances, and narrow religious understanding. This study aims to analyze early marriage from a normative, gender, and human rights perspective in order to identify the sources of the problem and the impact of policies. This study uses a legal-normative approach with a library research method, which examines various national legal instruments such as Law Law Number 16 of 2019 concerning Marriage, Law Number 35 of 2014 concerning Child Protection, as well as international conventions such as the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The study shows that Indonesia normatively has a fairly solid legal basis to protect children from the practice of early marriage, but its implementation is still weak due to loopholes in legal dispensations and the deep influence of patriarchal culture. From a gender perspective, child marriage is more prevalent among women and reinforces their lower position in the social structure. Conversely, from a human rights perspective, this practice violates children's basic rights to education, health, and protection from violence. Therefore, it is crucial to integrate legal reform, socio-cultural change, and gender mainstreaming to continuously eliminate the practice of early marriage.