Peer-reviewed article
Gaps and Challenges in Child Marriage Regulation
Imron Rosyadi, Muchlis Muchlis, Tajul Arifin, Ahmad Fathoni, Fahadil Amin Al Hasan ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This study compares how Indonesia and Australia regulate child marriage through legal frameworks and identifies why the practice persists despite laws setting minimum marriage ages. In Indonesia, cultural acceptance and marriage dispensations allow early marriage to continue despite legal prohibitions. Australia has stronger legal protections but still permits exceptions for 16-17 year-olds and experiences forced marriage in migrant communities. The research shows that legal reforms alone are insufficient without addressing the cultural and social factors that drive child marriage.
Key points
- Indonesia has high prevalence of child marriage due to widespread use of marriage dispensations and cultural norms that tolerate early marriage
- Australia has relatively low prevalence but still allows dispensations for those aged 16-17 and experiences forced marriage cases in migrant communities
- Limited national data in Australia hinders understanding and response to child marriage
- Challenges in regulating child marriage are influenced by psychosocial conditions, not purely legal issues
- Protecting children requires both legal reforms and comprehensive social interventions addressing cultural and structural drivers
Limitations
This is a legal and comparative analysis based on statutory regulations, court decisions, and academic literature; it does not provide empirical data on the prevalence, outcomes, or effectiveness of specific interventions to prevent child marriage in either country.
Abstract
Child marriage remains a persistent global issue, including in Indonesia and Australia. Despite legal frameworks that set a minimum age for marriage, the practice persists due to loopholes, socio-cultural factors, and weak enforcement. This study adopts a comparative legal approach by analysing statutory regulations, court decisions, and relevant academic literature within the contexts of Islamic law, Indonesian law, and Australian law. Findings reveal that the challenges in regulating child marriage are not purely juridical but are significantly influenced by psychosocial conditions. In Indonesia, the prevalence of marriage dispensations and cultural norms that tolerate early marriage creates a tension between legal norms and social realities. In contrast, Australia, while having a stronger legal framework and a relatively low prevalence, still allows dispensations for those aged 16–17 and faces cases of forced marriage within migrant communities, compounded by limited national data. The study’s contribution lies in demonstrating the importance of a legal-psychosocial perspective for understanding and addressing child marriage regulation. Protecting children’s rights, therefore, requires not only normative reforms but also comprehensive social interventions that address underlying cultural and structural drivers.