Open access Journal
Examining the complexity of child marriage as sexual violence in digital era
Legality: Jurnal Ilmiah Hukum · Vol. 31 No. 2 (2023) · pp. 310–328
- ISSN
- 2549-4600, 0854-6509
- Published
- 2023-09-30
- Publisher
- Faculty of Law, University of Muhammadiyah Malang
- Language
- eng
Abstract
Child marriage in the digital era is an interesting fact because this type of marriage is classified as sexual violence. However, child marriage is very common in Indonesia because of many factors. Child marriage in the digital era is known to have triggered many problems, such as reproductive health problems, domestic violence, and divorce. However, considering child marriage as a criminal offense of sexual violence (TPKS) as stated in Law Number 12 of 2022, is unwise. Departing from this issue, this research identifies three reasons why child marriage cannot be categorized as sexual violence in the digital era. The results of this paper show that child marriage in Indonesia is inevitable due to three main arguments: Islamic teachings permit child marriage, the high number of marriage dispensations, and the TPKS Law focuses more on protecting women, not the spouses of child marriage perpetrators. Another cause of child marriage is poor education in the digital era, coupled with poor understanding of the importance of self-protection from promiscuity in the digital era among community members. Education on gender equality and reproduction also has not been properly applied. Finally, marriage guidance for teenagers and prospective brides in the digital era has not been implemented yet.
Keywords
Collaboration network of the authors
40 authors · 95 co-authorship links · 21 across different organisations · showing the 40 most connected
Hover or tap a name to highlight its co-authors. Double-click to open the author's page.
- State University of Malang
- Sebelas Maret University
- Universitas Halu Oleo
- Muhammadiyah University Purwokerto
- Yogyakarta State University
- Indonesian Institute of Sciences
- Universitas Muhammadiyah Metro
- Other organisations
- Affiliation unknown
- Different organisations
- Same organisation
- Affiliation unknown
- Thicker line = more joint articles · bigger circle = more articles
Show as table
| Co-author | Organisation | Joint articles |
|---|---|---|
| Khoirul Hidayah | Affiliation unknown | 5 |
| Muhamad Galang Isnawan | Affiliation unknown | 4 |
| Naif Mastoor Alsulami | Affiliation unknown | 4 |
| Dwi Fidhayanti | Affiliation unknown | 3 |
| Cholis Sa’dijah | State University of Malang | 2 |
| Ni Komang Tri Dharmayani | Affiliation unknown | 2 |
| Emmy Yuanita | Affiliation unknown | 2 |
| Aditya Prastian Supriyadi | Affiliation unknown | 2 |
| Wanda Nugroho Yanuarto | Muhammadiyah University Purwokerto | 2 |
| Ebenezer Bonyah | Affiliation unknown | 2 |
| Yusnaeni Yusnaeni | Affiliation unknown | 2 |
| Didik Sukriono | Affiliation unknown | 2 |
| Alfan Bramantya | Affiliation unknown | 2 |
| Subanji Subanji | State University of Malang | 1 |
| Indriati Nurul Hidayah | State University of Malang | 1 |
| Yokhebed Yokhebed | Sebelas Maret University | 1 |
| Sutarno Sutarno | Indonesian Institute of Sciences | 1 |
| Mohammad Masykuri | Sebelas Maret University | 1 |
| Baskoro Adi Prayitno | Sebelas Maret University | 1 |
| Edi Cahyono | Universitas Halu Oleo | 1 |
| Kadir Kadir | Universitas Halu Oleo | 1 |
| A. Purwanto | Yogyakarta State University | 1 |
| didik purwiyanto | Affiliation unknown | 1 |
| B A Setiono | Affiliation unknown | 1 |
| Nirwansyah Amier | Affiliation unknown | 1 |
| Ihsan Syawal Rahmat | Affiliation unknown | 1 |
| Purwanto Purwanto | Cenderawasih University | 1 |
| Nego Linuhung | Universitas Muhammadiyah Metro | 1 |
| Sukoriyanto Sukoriyanto | State University of Malang | 1 |
| Mohd Isha Awang | Universiti Utara Malaysia | 1 |
| Nurul Anjartikasari | Affiliation unknown | 1 |
| Ni Made Sudewianingsih | Affiliation unknown | 1 |
| Maria Ulfa | Affiliation unknown | 1 |
| Muh. Rusmayadi | Affiliation unknown | 1 |
| Samsuriadi Samsuriadi | Affiliation unknown | 1 |
| Jenisus O. Dejarlo | Affiliation unknown | 1 |
Affiliations come from OpenAlex; journal OAI-PMH metadata carries none. Authors without an OpenAlex ID are matched by name, which can merge or split people.