AYU WIDYA PERDANA, YUDITA (2026) INKONSISTENSI PERLINDUNGAN HAK ANAK PEREMPUAN DALAM DISPENSASI KAWIN:ANALISIS PERSPEKTIF HUKUM GENDER FEMINISME DI ERA KAPITALISME GLOBAL. S1 thesis, Universitas PGRI Madiun.
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Abstract
Child marriage, particularly involving girls, remains a complex legal issue in Indonesia despite the state having regulated the minimum marriage age through the Marriage Law. One gateway that enables child marriage to occur is the institution of marriage dispensation, which in practice often gives rise to inconsistencies between legal norms and efforts to protect the rights of girl children. This research employs a normative juridical method by examining laws and regulations, court decisions, and relevant legal literature, analyzed through descriptive qualitative analysis. The findings of this research reveal three main results. First, the regulation of marriage dispensation under Indonesian law, despite having been revised through Law Number 16 of 2019, continues to grant judges broad discretionary space in interpreting the requirement of "urgent circumstances" as the basis for granting a dispensation. Second, the inconsistency in the protection of girls' rights arises from the gap between norms upholding the best interests of the child and judicial practices that tend to be permissive, the lack of consideration given to the child's psychological and social condition, and weak post-decision monitoring. Third, from the perspective of legal gender studies and feminism, this inconsistency is further exacerbated by socio-economic structures in the era of global capitalism that position girl children as the most vulnerable party, causing child marriage to frequently serve as an instant solution to family economic pressure while simultaneously perpetuating the subordination of women through a legal system that is formally gender-neutral. This research concludes that stricter, gender-responsive harmonization of marriage dispensation regulations is needed, along with a strengthened role of the state in protecting girls' rights from the structural inequalities caused by global capitalism.
| Item Type: | Thesis/Skripsi/Tugas Akhir (S1) |
|---|---|
| Kata Kunci: | marriage dispensation; girls' rights; gender law; feminism; global capitalism. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Hukum |
| Depositing User: | WIDYA AYU YUDITA |
| Date Deposited: | 07 Aug 2026 00:52 |
| Last Modified: | 07 Aug 2026 00:52 |
| URI: | http://eprint.unipma.ac.id/id/eprint/8474 |
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