Titing Oting Supartini, Yayan Rahtikawati, Supriati Rumagia

Legitimasi Hukum dan Ketimpangan Gender dalam Isbat Nikah Anak: Studi Putusan PA Tasikmalaya Nomor 283/Pdt.P/2024/PA.Tmk

Introduction

Legitimasi hukum dan ketimpangan gender dalam isbat nikah anak: studi putusan pa tasikmalaya nomor 283/pdt.p/2024/pa.tmk. Analisis putusan isbat nikah anak PA Tasikmalaya. Ungkap legitimasi hukum, soroti ketimpangan gender & dampak buruk perkawinan anak pada perempuan.

Abstract

Marriages that are not officially registered are still a legal issue in Indonesia, especially when it involves minors. This research aims to analyze the Decision of the Tasikmalaya City Religious Court Number 283/Pdt.P/2024/PA. Tmk related to the application for isbat nikah involving child marriage, reviewed from a legal and gender perspective. The research method used is a normative juridical approach with the study of judgments as the main object of analysis, complemented by a review of the legal and gender literature. The results of the study show that legally, the ruling provides legitimacy to the marital status and legal protection for children born of the marriage. However, from a gender perspective, this case reflects the weak implementation of protection for girls, in the midst of efforts to increase the minimum age of marriage through Law Number 16 of 2019. The discussion highlighted the negative impact of child marriage on women, including limited access to education, increased reproductive health risks, and unequal power relations in households. These findings underscore the urgency of strengthening regulations related to marriage dispensation and the need for comprehensive legal education to prevent the practice of child marriage and ensure the protection of women's and children's rights in a fair manner.

Review

This article, "Legitimasi Hukum dan Ketimpangan Gender dalam Isbat Nikah Anak: Studi Putusan PA Tasikmalaya Nomor 283/Pdt.P/2024/PA.Tmk," tackles the critical and ongoing issue of unregistered child marriages in Indonesia. By focusing on a specific judgment from the Tasikmalaya City Religious Court (Decision 283/Pdt.P/2024/PA.Tmk), the research employs a normative juridical approach to analyze *isbat nikah* applications involving minors through both legal and gender lenses. This focus on a contemporary judicial decision, particularly in the context of Law Number 16 of 2019 aimed at increasing the minimum age of marriage, ensures the study's significant relevance and timeliness in addressing a persistent societal and legal challenge. The study effectively highlights a crucial dichotomy in its findings. From a legal standpoint, it acknowledges that the court's ruling provides essential legitimacy to marital status and legal protection for children born from such unions. However, the abstract compellingly demonstrates that from a gender perspective, the case underscores the severe inadequacies in protecting young girls, directly contradicting national efforts to prevent child marriage. The research clearly articulates the detrimental impacts on women, including restricted educational opportunities, elevated reproductive health risks, and entrenched power imbalances within the family structure. This interdisciplinary approach is a key strength, offering a comprehensive understanding that moves beyond mere legalistic interpretation to reveal deeper social inequalities. Overall, this research offers a valuable contribution to the discourse on marriage law, child protection, and gender equality in Indonesia. Its grounding in a specific, recent court case provides concrete evidence of systemic challenges, lending strong credibility to its findings. While the abstract powerfully outlines the problem and its implications, a full paper would ideally expand on the specific judicial reasoning behind the *isbat nikah* grant in this child marriage case, further enriching the analysis. Nevertheless, the study's call for strengthening marriage dispensation regulations and comprehensive legal education is a vital recommendation, underscoring its practical implications for policymakers and legal practitioners striving to safeguard the rights of women and children.

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