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From Vows to Misery: Unveiling the Legal Struggle and Human Rights Dimensions Against Child Marriage in Indonesia

Andiani, Kartika LU (2024) JAMM07 20241
Department of Law
Faculty of Law
Abstract
This thesis, “From Vows to Misery: Unveiling the Legal Struggle and Human Rights Dimensions Against Child Marriage in Indonesia,” aims to investigate how international human rights law (IHRL) could contribute to the effective prevention and eradication of child marriage in Indonesia. This study will explore the underlying reasons and significant factors contributing to the prevalence of child marriage in the country while also scrutinising the Indonesian legal landscape to identify any misalignments with international human rights principles.
Studying this topic in Indonesia is crucial due to the significant human rights implications of child marriage. Child marriage poses a risk to the physical, emotional, and educational well-being of... (More)
This thesis, “From Vows to Misery: Unveiling the Legal Struggle and Human Rights Dimensions Against Child Marriage in Indonesia,” aims to investigate how international human rights law (IHRL) could contribute to the effective prevention and eradication of child marriage in Indonesia. This study will explore the underlying reasons and significant factors contributing to the prevalence of child marriage in the country while also scrutinising the Indonesian legal landscape to identify any misalignments with international human rights principles.
Studying this topic in Indonesia is crucial due to the significant human rights implications of child marriage. Child marriage poses a risk to the physical, emotional, and educational well-being of children, perpetuating cycles of poverty and inequality. Understanding the legal landscape and its alignment with international human rights standards is essential for effective prevention and eradication efforts.
The research employs doctrinal legal methods, analysing legal materials such as statutes, cases, regulations, and legal literature. This systematic approach comprehensively analyses and evaluates IHRL and the Indonesian legal landscape. Both primary sources (international and Indonesian law) and secondary sources (academic literature, government reports, NGO reports, etc) are utilised to support the study.
In examining the alignment of the Indonesian legal framework with IHRL in addressing child marriage, the Indonesian legal framework aligns with international human rights principles to some degree. While Indonesia has ratified several international human rights treaties, the Indonesian laws frequently fall short of international standards by allowing exceptions for child marriage under certain circumstances. In addition, weak enforcement mechanisms, regional regulations, customary practices, and socio-cultural barriers make it challenging to implement current legislation.
As a result, the thesis offers policy recommendations to enhance domestic protection against child marriage and ensure better compliance with IHRL. The thesis’s holistic approach intends to contribute to the effective prevention and elimination of child marriage in Indonesia, ultimately promoting children’s rights and well-being. (Less)
Please use this url to cite or link to this publication:
author
Andiani, Kartika LU
supervisor
organization
course
JAMM07 20241
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Child Marriage, Human Rights
language
English
id
9161029
date added to LUP
2024-06-25 11:26:55
date last changed
2024-06-25 11:26:55
@misc{9161029,
  abstract     = {{This thesis, “From Vows to Misery: Unveiling the Legal Struggle and Human Rights Dimensions Against Child Marriage in Indonesia,” aims to investigate how international human rights law (IHRL) could contribute to the effective prevention and eradication of child marriage in Indonesia. This study will explore the underlying reasons and significant factors contributing to the prevalence of child marriage in the country while also scrutinising the Indonesian legal landscape to identify any misalignments with international human rights principles.
Studying this topic in Indonesia is crucial due to the significant human rights implications of child marriage. Child marriage poses a risk to the physical, emotional, and educational well-being of children, perpetuating cycles of poverty and inequality. Understanding the legal landscape and its alignment with international human rights standards is essential for effective prevention and eradication efforts.
The research employs doctrinal legal methods, analysing legal materials such as statutes, cases, regulations, and legal literature. This systematic approach comprehensively analyses and evaluates IHRL and the Indonesian legal landscape. Both primary sources (international and Indonesian law) and secondary sources (academic literature, government reports, NGO reports, etc) are utilised to support the study.
In examining the alignment of the Indonesian legal framework with IHRL in addressing child marriage, the Indonesian legal framework aligns with international human rights principles to some degree. While Indonesia has ratified several international human rights treaties, the Indonesian laws frequently fall short of international standards by allowing exceptions for child marriage under certain circumstances. In addition, weak enforcement mechanisms, regional regulations, customary practices, and socio-cultural barriers make it challenging to implement current legislation. 
As a result, the thesis offers policy recommendations to enhance domestic protection against child marriage and ensure better compliance with IHRL. The thesis’s holistic approach intends to contribute to the effective prevention and elimination of child marriage in Indonesia, ultimately promoting children’s rights and well-being.}},
  author       = {{Andiani, Kartika}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{From Vows to Misery: Unveiling the Legal Struggle and Human Rights Dimensions Against Child Marriage in Indonesia}},
  year         = {{2024}},
}