Proceedings of the International Conference for Democracy and National Resilience (ICDNR 2024)

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Analysis of Legal Theory of Marriage Age Limit: A Study of Human Rights Equality

Authors
Edwin Aditya Irawan1, *, Lego Karjoko1
1Sebelas Maret University, Surakarta, Indonesia
*Corresponding author. Email: edwinadityairawan@student.uns.ac.id
Corresponding Author
Edwin Aditya Irawan
Available Online 27 December 2024.
DOI
10.2991/978-94-6463-634-5_10How to use a DOI?
Keywords
Marriage; Age Limit; Human Rights
Abstract

It can be argued that the desire to live peacefully with one’s partner through marriage is a fundamental human right. In Indonesia, marriage is legally regulated by a number of laws and regulations, one of which relates to the age limit for entering into such a marriage. In this context, a constitutional court review has been initiated to address the discrepancy in marriage age limits between men and women. The review requests that the age limit for marriage be equalised at 19 years old. The Court has granted the application, thus establishing a new legal precedent. This research employs a normative legal research methodology, employing a conceptual approach to literature study and deductive analysis. The objective is to analyse the decision in light of existing legal theories. The results of the analysis of existing legal theories indicate that the decision reflects justice and legal certainty based on the principle of human equality before the law as a manifestation of human rights.

Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference for Democracy and National Resilience (ICDNR 2024)
Series
Atlantis Highlights in Social Sciences, Education and Humanities
Publication Date
27 December 2024
ISBN
978-94-6463-634-5
ISSN
2667-128X
DOI
10.2991/978-94-6463-634-5_10How to use a DOI?
Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Edwin Aditya Irawan
AU  - Lego Karjoko
PY  - 2024
DA  - 2024/12/27
TI  - Analysis of Legal Theory of Marriage Age Limit: A Study of Human Rights Equality
BT  - Proceedings of the International Conference for Democracy and National Resilience (ICDNR 2024)
PB  - Atlantis Press
SP  - 75
EP  - 85
SN  - 2667-128X
UR  - https://doi.org/10.2991/978-94-6463-634-5_10
DO  - 10.2991/978-94-6463-634-5_10
ID  - Irawan2024
ER  -