Evaluating the Effectiveness of Age Restriction on Marriage in Indonesia

Child marriage in Indonesia is a multifaceted issue, encompassing religious interpretations, cultural values, and even the influence of technological advancement. A significant factor is the amendment of Indonesian marriage law, which include Article 7, empowering judges to grant marriage dispensation. While this is viewed by some as a solution and a means of child protection through religious and cultural lenses, others see it as a perpetuation of child marriage, contradicting both child protection and marriage laws. This research aims to examine the impact of marriage law in Indonesia, specifically regarding age restrictions and its close association with marriage dispensations in religious courts. Critics argue that this provision has led to an increase in child marriages, with a multitude of biological, physiological, and sociological implications. This study employs normative legal research, incorporating legal, conceptual, and comparative approaches through case analysis and juridical methods. The findings indicate that Marriage Law No. 1 of 1974, along with its amendment—Law No. 16 of 2019, are legally inconsistent with Law No. 23 Year 2002 on child protection. Therefore, legal reform is recommended to raise the marriage age to 21, aligning with biological, psychological, and sociological definitions of adulthood.


INTRODUCTION
Indonesia, as a constitutional state (rechtsstaat), operates under the rule of law, not mere power (machtsstaat). 1 This implies that all national and state affairs must adhere to the 1945 Constitution, further detailed in other legal statutes. 2This aligns with Hans Kelsen's Stufentheorie, the hierarchy of legal norms, 3 where Pancasila, the fundamental norm, stands at the apex.Pancasila's principles ensure that citizens' human rights remain inviolable, undisturbed by any entity, including the state itself.These rights encompass the freedom to practice one's religion and beliefs.The 1945 Constitution's Article 28B reinforces this notion, asserting that "every individual is entitled to establish a family and procreate through lawful marriage.The state guarantees the rights of children to life, growth, and development, as well as protection from violence and discrimination". 4e introduction of Law No. 1 of 1974, along with Law No. 16 of 2019, came into effect on October 1, 1975. 5 Despite its enactment over four decades ago, it continues to present various challenges, 6 with the issue of marital age limit being one of them. 7There are legal ramifications: Firstly, Law Number 1 of 1974 stipulates that the ideal age for marriage is 21 (twenty-one) years for both men and women. 8This age threshold is generally perceived as the age of maturity (baligh 9 ), signifying readiness for marriage.This aligns with Article 98, paragraph (1) of the Compilation of Islamic Law (KHI), 10 which asserts that the age at which a child can be considered mature or independent is 21 years.Similarly, Article 330 of the Criminal Code defines minors as "those who have not yet reached the age of 21 years and have not been married previously".
According to Islamic law, the prerequisite for marriage is reaching the age of majority (baligh), signified by biological changes-wet dreams for men and menstruation for women. 11In contrast, traditional law does not define maturity by age.Instead, maturity is considered incidental, determined by an individual's capability or incapability to execute legal actions. 12Secondly, the Marriage Law indirectly enables child marriage as it provides an alternative for those under the minimum age limit of 19 years to apply for a court dispensation. 13Thirdly, there is a lack of legal certainty in handling underage marriage cases.The issuance of the Indonesian Supreme Court Regulation, Number 5 of 2019, potentially legitimizes child marriage in Indonesia.
From a sociological perspective, marriage is intrinsically linked with population issues.Imposing an age limit on marriage could potentially reduce the birth rate 14 and contribute to family on the psychological impact, using empirical data from various preceding studies and real-world circumstances.

The Evolution of Marriage Law in Indonesia
Reform is regarded as an introspective process that scrutinizes various legal provisions and implements transformative measures aimed at optimizing efficiency and fairness, and promoting access to justice within the framework of existing law. 24Legal reform also contemplates the lawmaking process or policy formulation of the legal substance. 25Soetandyo Wigjosoebroto delineates two facets within legal reform-'legal reform' and 'law reform'. 26Both aspects are intrinsically linked to the notions of 'sustainable societal development', 'sustainable intellectual activity', 'sustainable intellectual philosophy', and 'enduring intellectual conceptions or fundamental ideas'.The exploration of this subject inherently constitutes a "generational" study.
Presently, according to Anderson, legal systems within the Islamic world can be categorized into three broad types.Firstly, systems that continue to uphold sharia as the foundational law, such as Saudi Arabia; Secondly, systems that have renounced sharia, supplanting it with secular law, exemplified by Turkey; and Thirdly, systems that harmonize these two paradigms.Indonesia falls within this third model. 27The impetus for Islamic law reform in Muslim countries arose from the interaction between Islam and the West, primarily during colonial rule.Post-independence, further legal reform was driven by the realization of the disparity between Muslim society from Western advancement. 28Importantly, since attaining independence, Indonesia has steadfastly acknowledged human rights as constitutional rights. 29e goals of driving marriage law reform vary across countries and can typically be classified into three categories.Firstly, countries that aspire to consolidate their family law; 30 secondly, countries aiming to uplift the status of women; and thirdly, nations endeavoring to adapt to the progression and demands of contemporary times, as they perceive traditional fiqh concepts to be less equipped to address these issues. 31The enactment of the Marriage Law is perceived as the culmination of a process that refined historical perspectives on marriage law, coupled with the ambition to establish a national marriage law that aligns with current and future legal necessities. 32onsequently, the law is continually updated to respond to global shifts.Law No. 1 of 1974 was revised for the first time after 49 years, culminating in the creation of Law No. 16 of 2019, specifically Article 7, which prescribes the minimum age for marriage.
In the view of Khoiruddin Nasution, efforts towards marriage law reform persist, Firstly, the draft prepared by the Ministry of Religious Affairs team revises the Compilation of Islamic Law; secondly, the draft produced by the Gender Mainstreaming team, Counter Legal Draft (CLD KHI). 33Additionally, there is the draft of the material law of Islamic family law, which will serve as the foundation for case resolution in the Religious Courts.
The stipulation of the minimum age of 19 for prospective spouses warrants reconsideration, as this age threshold is arguably young, representing "early adulthood," to embark on marriage.This corresponds with the views of Indonesian Islamic scholars who oppose age standardization, advocating instead that emotional maturity is the prime determinant for marriage. 34Hasbi ash-Shiddieqy posits that the age of adulthood, and thereby suitability for marriage, is 21.Conversely, Moh.Idris Ramulyo, suggests that the ideal ages for marriage are 25 for men and 18 for women. 35rom a health perspective, Dadang Hawari proposes ages for marriage and family planning to between 20-25 years for women and 25-30 years for men.
Therefore, there is a pressing need for future lawmakers to demonstrate determination and audacity in updating the minimum age for marriage from 19 to 21, an age widely recognized as the threshold of adulthood.This is crucial as children's rights are an integral facet of human rights that must be guaranteed, protected, and upheld by parents, families, communities, governments, and the state. 36e conceptual framework above is grounded in the philosophical foundation of the nation, Pancasila, and the Preamble of the 1945 Constitution of the Republic of Indonesia.Furthermore, the 1945 Constitution of the Republic of Indonesia serves as another philosophical pillar, particularly in relation to "the rights of children to recognition, protection, and the assurance of a fair and equal treatment before the law".
Marriage, a cornerstone of societal and state life, deeply affects the honor of family and kinship.Therefore, its implementation must comply with the legally stipulated requirements to prevent undesirable deviations and contraventions that could tarnish family and kinship honor and dignity. 37As per Article 1, paragraph (2) of Law Number 4 of 1961, adulthood is defined as having reached the age of 21 years, or having entered into marriage.Yet, legal reform remainsa possibility due to a lack of synchronization, leaving the provisions concerning age limits an open legal policy. 38om a social perspective, marriage bears significant implications: 1) Married individuals often hold a higher societal status than unmarried counterparts; 2) Regulations exist limiting polygamy to four people, provided the man can ensure fairness. 39Julianto Witjaksono asserts that women under 20 years old face heightened risk of illness and death when performing their reproductive duties. 40ccording to Dr. Kartono Mohamad, teenage pregnancy is the leading contributor to maternal and child mortality, perpetuating a cycle of poor health and poverty. 41Nugroho Kampono further highlights the medical downsides of early marriage, stating that individuals under 20 years old are still undergoing cellular maturation and thus face an increased risk of cancer. 42e Ideal Marriage Age in Legal Reformation

The Optimal Legal Age for Marriage
The amendment to Article 7, paragraph (1) of Law Number 1 of 1974, and Law Number 16 of 2019, deserves recognition.This amendment establishes the minimum age of marriage as 19 years for both genders, eliminating the previous disparity where the minimum age of men was 19, and for women, it was 16.This change stems from the Constitutional Court Decision Number 22 / PUU-XV / 2017.However, an update to Government Regulation Number 9 of 1975 and the Compilation of Islamic Law (KHI) has yet to follow, potentially leading to normative conflicts.While the principle of Lex superior Derogat legi Inferior applies, it may cause confusion for those unaware of the changes, as the previous law remains legally valid until superseded.
A comparative study of Singapore's law implementation, despite it not being a Muslim-majority country, is noteworthy.From a perspective of benefit (maqasyid sharia), setting the marriage age limit to 21 years has positively impacted family welfare.In India, legal reform discussions have been underway since 2021, awaiting ratification.One of the proposed articles sets the "minimum age of marriage" at 21 years for both genders, 43 shifting from the previous law that set the age of marriage at 18 for men and 17 for women.
As per author's interpretation, the 19-year age limit stipulated in Article 7, paragraph (2) of the Marriage Law may not represent the optimal age for marriage when assessed from a range of aspects.This age limit plays a significant role in the child's future prospects and sustainability, along with the objective of fostering prosperous families and a future Indonesian state that is both civilized and progressive.The realization of a prosperous family is intrinsically connected with the biological, psychological, psychological, economic, and educational maturity of the prospective marriage partners.Therefore, the individuals' readiness to undertake the responsibilities of marriage should be a central consideration in determining the ideal legal age for marriage.
Mukhtar Kusumaatmaja posits that the philosophical aims of a nation can only be achieved with the backing of high-quality human resources, characterized by patriotism, strength, courage, intelligence and responsibility. 44The legal politics of a state, as outlined in Law Number 52 of 2009, necessitates the regulation and enhancement of population quality, and its mobilization as a robust resource for national development and resilience. 45The Family Planning Program has introduced the Marriage Age Maturation (PUP) initiative, aimed at raising the age of first marriage to a minimum of 21 years for women and 25 years for men. 46However, Hasto Wardoyo asserts that the age defined in the Revised Marriage Law may not be ideal from a biological perspective, as women under 19 are at a high risk of developing cervical cancer. 47This is further backed by the research from UIN Syarif Hidayatullah Jakarta's Center for Women's Studies (PSW), which indicates that the average ideal marriage age for women is around 19, and for men, it is approximately 23.4 years.According to the Statistics Indonesia (BPS), the average marriage age for urban dwellers is 21.1 years, with the range varying across provinces. 48From these data, two primary observations can be drawn: Firstly, state efforts to enhance societal conditions by increasing the marriage age, and secondly, the discrepancy in marriage age between urban and rural communities. 49A 2012 study published in the Journal of Social and Personal Relationships suggested that the most ideal age for marriage is 25.The US Census Bureau later reported in 2013 that the ideal marriage ages are 27 for women and 29 for men.Overall, these studies imply that the optimal age for marriage is approximately between 28 and 32 years. 50alitative data reveal a rising trend in the average age of marriage, surpassing the age stipulated in Article 7 of the Marriage Law.Numerous factors contribute to this societal shift, including an increased understanding of spousal roles and responsibilities that contribute to a prosperous family life.Nonetheless, the issue of legal regulation is multi-dimensional and should not be evaluated solely on its legitimacy or as a reflection of justice values. 51This perspective aligns with a nonanalytical school of thought that views law as an institution working for and embedded within society, rather than as an autonomous entity. 52e necessity to reform the marriage law, by lowering the minimum ideal age of marriage to 21 years, is an imperative task for policymakers (both legislative and executive).This reform aims at aligning with the future legal aspirations of the Marriage Law (Ius Constituendum).Insightfully, Law No. 1 of 1974 incorporates the principle of age maturity, as articulated in Article 6 paragraph (1)-stipulating the marriage age requirement to be 21 years for both men and women.This regulation aligns with the principle of primary benefit (hizbun nafsi), which discourages actions leading to greater harm.It ensures that prospective brides and grooms understand the duties and responsibilities following the marriage contract, which ultimately fosters harmonious family relations (sakinah mawaddah and warahmah).Marriage transcends the simple legalization of biological relations (sex) between a man and a woman.It is a sacred covenant (misaqun galizon) binding for an extended duration-potentially eternal-with one of its objectives being procreation. 53

Divergence from the Prescribed Marriage Age Limit
Article 7, paragraph (2) of the Marriage Law permits individuals to marry below the stipulated age limit of 19 years, provided they seek a Court Dispensation based on compelling reasons backed by substantial evidence.The law remains ambiguous about the nature of these "urgent" reasons, leaving it to the judge's discretion to decide the appropriateness of granting such dispensations. 54is rule regarding dispensation is occasionally required due to extraordinary circumstances that deviate from the norm.In practice, while such dispensation may be viewed unfavorably, it is not legally culpable, as the establishment of a legitimate basis effectively negates the punishment of the party involved. 55As per Soerjono Soekanto, dispensation is a deviation from the norm with a regulatory foundation. 56Legal deviations can be categorized into two types: a. Justifications (rechtvaar digingsgronden), which are reasons that nullify the illegality of an act, thereby rendering the act justifiable.b.Excuses (schuldopheffungsgronden), which are reasons that eliminate the defendant's guilt.The act committed by the defendant remains unlawful, but they are not convicted. 57 By raising the minimum marriage age to 21 years, it sets the standard for applying for court dispensation, since one of the key prerequisites for dispensation is that the prospective bride and groom be at least 18 years old, complemented by substantial supporting evidence.This adjustment can help curb child marriage, in accordance with various laws and regulations that set the age limit at 18 years.A question that emerges is whether cases of dispensation are on the rise.If this trend persists, it may be due to other unavoidable factors affecting both men and women.However, the prevalence of such cases is expected to be relatively low, reflecting on the heightened awareness and growing understanding within the community.
The progressive concept of setting an age limit for marriage is an innovative solution to the societal concerns surrounding child marriage.Progressive thinking entails the courage to depart from the traditional mindset of legal absolutism and instead, position the law within the broader context of humanitarian issues.While there is merit in adopting a legal-determinist approach, it is not an absolute necessity, especially when dealing with issues that require the application of modern legal logic, which otherwise might compromise human right and the pursuit of truth.A progressive legal paradigm prioritizes the human element within the law.In contrast, a positivistic legal paradigm places the law above humanity, even if it results in human marginalization, as long as the law is upheld.However, the progressive legal paradigm asserts that the law can be sidelined 53 Erman Radjagukguk, Hukum Dan Masyarakat (Jakarta: Bina Aksara, 1983). 54Sarip Hadaiyatullah and Huda, "PRAKTEK HUKUM ACARA DISPENSASI KAWIN." 55Ishaq, Dasar-Dasar Ilmu Hukum (Jakarta: Sinar Grafika, 2009). 56Soerjono Soekanto, Sendi-Sendi Ilmu Hukum Dan Tata Hukum (Bandung: Citra Aditya Bakti, 1993). 57Ishaq, Dasar-Dasar Ilmu Hukum.  to support human existentiality, truth, and justice.The primary objective of progressive law is to position humans at the center of any legal discourse.For progressive law, the law exists to serve humans, and not vice versa.The law does not exist in isolation, but rather, it is in place to uphold broader principles such as human dignity, happiness, welfare, and glory. 58e acknowledgement of the human element guides progressive law towards a focus on human behavior and experiences.Under a positivistic legal paradigm, humans are subject to the law and its logic, often leading to a forced alignment with legal parameters.However, the progressive legal paradigm repositions the law to serve humans.When the human element, encompassing truth and justice, becomes the central to legal discussion, ethical and moral considerations naturally enter the discourse.These ethical and moral factors play a crucial role in shaping the concept of progressive law because they address notions of right and wrong, good and bad, which are intrinsically linked to human nature. 59If ethical or moral values are diminished, law enforcement becomes ineffective, hindering the development of a prosperous and joyful society.Thus, fostering this level of mental awareness is crucial for enhancing moral and character development within the community.The objective is to cultivate a society characterized by high moral standards, paving the way for a peaceful, prosperous, just and fulfilled society.

Understanding the Concept of Marriage Dispensation
The issue of marriage dispensation, although explicitly mentioned, does not detailed guidelines on the conditions that warrant its approval.The existing explanation suggests that the parents of either party can request a dispensation from the court for "extremely urgent reasons," supported by "sufficient evidence".However, this provision is rather vague, as it does not define what constitute an urgent reason or what kind of evidence is considered sufficient for the court's legal considerations.
The Indonesian Supreme Court has established that judges, in reaching their decisions, must take into account a range of factors, including juridical, philosophical, and sociological dimensions.This holistic approach is aimed at achieving, realizing, and ensuring accountability in judicial decisions, with an orientation towards legal, moral, and social justice. 60The juridical aspect, which is the primary consideration, is based on the existing law.Judges, as law enforcers, must comprehend the law by identifying the legal provisions relevant to the case at hand.They must evaluate whether the application of the law in question brings about benefits or legal certainty.The philosophical aspect revolves around truth and justice, while the sociological aspect takes into account the cultural values inherent in society. 61spite the ongoing efforts, the realization of women's and children's rights remains an uphill battle, marked by numerous instances of their rights being overlooked.This primarily stems from the absence of an equality perspective in the judicial handling of cases involving domestic violence, child marriages and divorces.The administrative mechanisms and legal considerations currently in place have yet to fully support the protection of the rights of women and children. 62The judicial approach to marriage dispensation cases must be comprehensive, factoring in the juridical, biological, and sociological aspects pertaining to the betrothed parties.These considerations encompass a broad array of issues, necessitating careful scrutiny of the legal prerequisites before deciding to either approve or dismiss each dispensation application.
As Bagir Manan points out, the general formulation of the law fails to encompass every possible legal scenario, serving only as a bridge linking concrete legal incidents with abstract legal provisions. 63Judges, in their role, go beyond simply echoing the law; they continually strive to make legal discoveries by interpreting statutory provisions in relation to the events and legal facts unfolded in court.This allows them to form a conviction whether the actions of the defendants or the claims of either party in the case are substantiated by evidence, as stipulated in procedural law (Article 183 jo.Article 184 paragraph (1) KUHAP, and Article 163 jo.Article 164 HIR).
In this regard, the judge presiding over the application must strictly adhere to Article 20 point (a), which stipulates that the judge must hold a decree of the Chief Justice of the Supreme Court as a Juvenile Judge, having undergone training and/or technical guidance, or being certified in the Juvenile Criminal Justice System, or possessing experience in hearing Marriage Dispensation applications. 64n response to the initial critique, several studies (N Arini, 2023; PSA Adiningsih, 2023; and AM Wafi, 2023) have been undertaken to understand the rationale behind judges' decisions when granting marriage dispensation.These studies do not solely rely on the marriage law but also consider the cultural context of the marriages.The first study, referencing Decision Number 273/Pdt.P/2022/PA.Wno and Decision Number 282/Pdt.P/2022/PA, highlights how the culture in Wonosari permits engaged couples to have sexual relations before marriage. 69This cultural nuisance plays a significant role in the judges' rulings.The second study explores the potential application of Article 7, Paragraphs (1) and (2).These provisions grant judges the discretion to either approve or reject the dispensation based on the presence of compelling situation.However, the regulation do not clearly define these circumstances, leaving their interpretation to judges' discretion and proficiency.According to the Religious Court Decision Number 16/Pdt.P/2022/PA.Psp, compelling circumstances refer to a situation where both parties, who are in love and have consented to the relationship, fear the possibility of committing "Zina" (fornication). 70hus, the religious court's approval of marriage dispensation acts as a pull factor, driven by the push factor of complex circumstances.These circumstances often depend on various situations and are deeply influenced by multicultural character of Indonesia, which judges should duly recognize.Countering the feminist argument requires more than just examining individual cases.It necessitates a broader understanding that incorporates sociological and philosophical interpretations.

Understanding Legal Penalties for Breaching the Marriage Age Limit
The effectiveness of legal frameworks and regulations is significantly reliant on law enforcement.The application of laws can take multiple forms, including the imposition of sanctions, which could be criminal, civil, or administrative. 71This provision is not obligatory, which means that not all three penalties need to be employed.The appropriate sanction can be selected based on its effectiveness and relevance to the legal subject matter.
Sanctions serve as a coercive measure, compelling individuals to adhere to the rules and abide by legal provisions. 72As per J.C.T Simongkir et al., the term 'sanctions,' derived from the Dutch word 'Sanctie', implies a punitive threat intended to enforce compliance with laws and regulations. 73awrence M. Friedman presents sanctions as tools for reinforcing norms or regulations, 74 defining them as: "de sanctie wordt gedefinieerd als: regels die voorschrijven welke gevolgen aan de niet naleving of de overtreding van de normen verbonden worden". 75The presence of sanctions is a critical element of legal frameworks.Their purpose is to ensure that all established provisions are systematically adhered to and not breached. 76This aligns with one of the essential principles in legislative formulation, which is the principle of utility and benefit.This principle implies that every legislative regulation is enacted because it is genuinely necessary and beneficial for managing societal, national, and state affairs. 77consistent and comprehensive approach to law enforcement yields societal benefits, most notably the deterrent effect, which prevents potential law-breakers. 78Positive law, in its current form, fails to achieve societal equilibrium.This necessitates a fundamental and comprehensive overhaul of the existing legal system, targeting specifically its substance and beliefs. 79The application of sanctions in laws and regulations serves several purposes: First, it enforces as legal provisions; Second, it penalizes those who breach legal norms; Third, it deters individuals from repeating legal offences; Fourth, it prevents potential lawbreakers from violating the law. 80vernment Regulation No. 9 of 1975 has established criminal penalties in response to breaches of certain sections of the Marriage Law.These criminal provisions, stipulated in Article 45 paragraph (1), apply unless otherwise specified in relevant laws and regulations.Therefore: a. Individuals who breach the provisions outlined in Articles 3, 10 paragraph (3), 40 of this regulation, are subject to a fine of up to Rp7,500.-; b.Recording Officers who violate the provisions detailed in Articles 6, 7, 8, 9, 10 paragraph (1), 11, 13, 44 of this regulation, are subject to a maximum sentence of 3 months' light imprisonment or a fine of up to Rp7,500.-. 81e act of violating the legally stipulated age of marriage is a form of law infringement, seen as a deviation from the law without a valid basis. 82As per W. Wirjono P., an illegal act is one that infringes upon another individual's legal rights, contradicts the perpetrator's legal obligations, or violates societal norms. 83Underage marriages can be legally classified as a breach of decency.Decency-related crimes pertain to issues associated with sexual matters.The Criminal Code (KUHP) addresses this in Chapter XIV Book II, titled "Crimes Against Decency", which includes: a. the crime of adultery (Article 284).b. the crime of rape for sexual intercourse (Article 285).c. the crime of cohabitation with an unmarried female woman under 15 years old (Article 287); and d. the crime of cohabitation with a woman in marriage who is not yet of marriageable age, resulting in harm (Article 288).
Crimes against moral decency do not occur spontaneously.They typically evolve from overlooked harassment that eventually culminates in criminal behavior.Sexual harassment, in particular, is an abusive conduct that exploits the relationship between a man and a woman, leading to the victimization and dehumanization of one party.Women are often subjected to various sensitive issues such as sexual violence and sexual harassment. 84 the context of Indonesian marriage law reform, sanctions for violations of the marriageable age limit can be constructed into two categories.Firstly, Administrative sanctions, a form of legal penalty, is established as a foundation to uphold general rules outlined in universally binding laws and regulations.The imposition of these sanctions is inseparable from general and specific policies aimed at maintaining order, ensuring legal certainty, and safeguarding everyone's rights from infringements.85 Secondly, criminal sanctions come into play, application of which must be based on clear criminal procedural law.86 According to Sudarto, these are penalties enforced by the state on individuals who intentionally breach legal provisions, causing them to experience discomfort.87 H.L. Packer suggests that while treatment aims to rehabilitate the offender, punishment serves to main objectives: a) to deter the incidence of crime or undesirable behavior; b) to inflict deserved suffering or retribution on offenders.88 The punishment enforced by criminal law can result in the loss of freedom (detention), property (confiscation), dignity and in extreme cases, life (penalty death).
The incorporation of sanctions in the updated marriage law serves as a means of enforcing justice and fostering benefits for the nation's life and governance.It harmonizes with the material content in the KHUP 89 -as outlined in Articles 401-405 on the concealment of marriage events, and Articles 411-423 on the acts of adultery and sexual abuse. 90These actions can also be classified as Domestic Violence (KDRT) under Article 1 of the Domestic Violence Law: This act against a person, particularly women, resulting in physical, sexual, psychological, and or domestic neglect, including threats of coerce acts illegal deprivation of liberty within the domestic sphere." 91e responsibility for enforcing marriage law to protect against and prevent child marriage is shared among various parties.Their roles are defined by their involvement in the occurrence of an unlawful act.The key stakeholders include: 1) the government; 2) parents and or family members; 3) children; and 4) the community and other relevant stakeholders.
Thomas A. Wartowski emphasizes that for sanctions to be effectively applied, the law must garner the support of the community.Achieving this support requires the law to align with the values and legal culture of the people, thereby resonating with societal norms. 92Given the high prevalence and detrimental impacts of child marriage, there is an urgent need to curb its occurrence in Indonesia.Mardi Candra suggests three potential solutions for policy makers.Firstly, criminal sanctions can be imposed on parties involved in unlawful child marriage.Secondly, strict regulations, accompanied by fines, could be enforced for granting marriage dispensation permits.Lastly, a large-scale public education campaign could be initiated to inform Indonesian citizens about the consequences of child marriage. 93 contrast, Pakistan's approach to child marriage includes penal consequences for enablers.If individuals under the age of 18 is coerced into a marriage contract, the child's parents or guardians could face imprisonment up to one month and/or a fine not exceeding one thousand Rupees.However, women are exempted from imprisonment.If the marriage proceeds despite a court-issue warning, the parents or guardians face stiffer penalties, potentially leading to imprisonment up to three months and/or an increased fine.These penalties can be triggered either by the court's initiative or by a public complaint. 94

CONCLUSION
The optimal approach for future marriage law reform (ius constituendum) may be to increase the minimum age for marriage to 21 years.This age signifies biological, psychological, and sociological adulthood, as stipulated in Article 6 of the Marriage Law, Government Regulation No. 9 of 1975, and the Compilation of Islamic Law.Deviations from this age limit could still be permitted with court dispensation.However, it is crucial to standardize such dispensation by setting a minimum age limit of 18 years for both prospective brides and grooms when applying for marriage dispensation.Furthermore, the introduction of sanctions for parties involved in underage marriage, including guardians, witnesses, adult bridegrooms marrying underage girls, and officers of the Marriage Registrar, may be a step forward in eradicating this practice.