Forced Marriage in the Perspective of Indonesian Marriage Law (Case Study of Forced Marriage in Indonesia)

Abstract

Living in groups in a group is called society, then by human nature which is created by classifying male and female gender, one will attract each other and unite themselves in marriage bonds, law is needed to regulate marriage to create order in society. Visible law in the form of laws, jurisprudence, customs, practices, certificates, and treaties. Indonesia, which has several religions and ethnic groups, is sure to find out about the rules that must be followed to create a family. All the differences in marriage methods, whether according to customs, religion or conventions, produce a uniform in social life, cultural aspects that accompany marriage in each region. in addition to all the religions that the people of Indonesia accept, based on this background, then it is the creation of the problem that can be drawn as the bleeding tradition in different regions in Indonesia according to Law No. 1 of 1974. This paper uses standard legal research methods. The results of the discussion is that it can be concluded that forced marriage has fulfilled the pillars of Islam according to what the couple who are partners in forced marriage adhere to. However, when looking at forced marriage from the point of view of the Marriage Law, some of the principles in the Marriage Law have been violated by the perpetrators of forced marriage, a man and a woman who are going to into marriage to be in their minds. and mature physically, in the sense that those who are about to be married have thought carefully about going to the stage of marriage of their own free will without any coercion.

Keywords: Forced Marriage, Marriage, Islam, Indonesia.

DOI: 10.7176/JLPG/131-09

Publication date: April 30^th 2023