The Discourse on Forced Marriage as a Form of Child Exploitation from a Criminal Law Perspective

Abstract

Forced marriage involving children is a form of structural violence that deprives children of their dignity, autonomy, and fundamental rights, exposing them to sexual exploitation, domestic violence, and economic dependence. Such practices violate the mandate of the 1945 Constitution of the Republic of Indonesia, which guarantees children protection from all forms of violence and discrimination. This study employs a normative legal research method using statutory, conceptual, and comparative approaches to examine the legal and social factors sustaining child forced marriage, including patriarchal norms, structural poverty, misuse of marriage dispensation, and informal family-based dispute resolution. Philosophical and victimological perspectives confirm that children lack the legal and psychological capacity to provide free and informed consent, rendering child marriage inherently coercive. Comparative analysis of countries implementing preventive measures, such as Forced Marriage Protection Orders, reveals Indonesia’s limited protective framework. Therefore, stronger child-rights-based law enforcement, legal reform, public education, and comprehensive victim recovery mechanisms are essential to effectively prevent and eradicate child forced marriage.