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Intan Nur’Aini; Anggita Lailatun Ni’mah; Aurellia Mirabel Fredlyna

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The establishment of the age limit for children up to 18 years in Indonesian law is a normative instrument that aims to ensure legal certainty and child protection. This provision is adopted in various laws and regulations as a form of the state's commitment to fulfilling children's rights. However, in law enforcement practice, the application of this age limit often causes problems when faced with the dynamics of actual cases that reveal a discrepancy between the normative age and the social, psychological, and factual conditions of the child. This condition creates tension between the legal-formal approach that emphasizes legal certainty and the need for substantive justice oriented towards the best interests of the child. This study aims to analyze the problems of applying the age limit of 18 years in the context of actual cases and to examine how the tension between legal certainty and the reality of children is reflected in law enforcement practices in Indonesia. The research method used is normative legal research with a legislative and conceptual approach, as well as normative qualitative analysis. The results of the study show that the rigid application of the age limit for children has the potential to ignore the contextual aspects of children and give rise to inconsistencies in practice. Therefore, a more contextual legal approach is needed through strengthening the discretion of law enforcement officials and progressive interpretation by judges in order to achieve substantive justice and optimal protection for children.

Sri Murni; Sri Purwaningsih

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2022 Pusat Riset dan Inovasi Nasional

Marriage at the age of children has a negative impact on children's growth and development and causes non-fulfillment of children's basic rights. The purpose of this study is to analyze how the application of the age limit for marriage as an effort to protect children. Research method, using normative juridical research type, the type of data used is secondary data and supported by primary data, analysis method using qualitative discrete. The results of the study, Government policy in setting the minimum marriage limit for women from 16 years to 19 (nineteen) years.as stated in Law No. 16 of 2019 has gone through a process and various considerations. This is so that both parties are ready and mature from the physical, psychic and mental sides. Under certain circumstances, the Court may grant marriage dispensation in accordance with applicable laws and regulations, namely Supreme Court Regulation No. 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation. Marriage dispensation for minors, is a study of the age limit for a person to marry, or the ideal age to enter the world of marriage. The age of marriage will affect many things on oneself and on the household to be built. The role of the courts through marriage dispensation is significant in providing protection to children. The court has the authority to allow or deny permission for a child to marry or not to marry.