Discourse of Violence and Rights Violation in Child Marriage

Ria Anggraeni Utami, Randy Pradityo, Lidia Br. Karo, Risna Karinda
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Abstract

The age limit in forming a marriage is very important. This is because the age of the couple in marriage is too young which can lead to increased domestic conflicts, including cases of domestic violence (KDRT) and even divorce cases. In addition, a child who marries at a young age has the potential to give rise to rights that he should have received but are no longer able to obtain as a result of the child marriage. The research method used is an empirical juridical research method, where this is done by field research and library materials. From the results of this study, there are factors that cause child marriage, namely in the form of family economic factors (poverty), arranged marriages by parents, environmental factors of friends who have married many, cultural factors and people's views on the age of marriage, factors not going to school anymore, and because they had sexual intercourse when they were dating. Some of the rights that are vulnerable to being violated in child marriages include the right to education, the right to a source of livelihood, the right to growth and development, and the right to be free from violence. The forms of violence that arise from child marriage are physical violence as well as psychological violence either committed by partners or by people who have family relations, for example because of blood relations, marriage and guardianship who reside in the household.
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论童婚中的暴力与权利侵犯
结婚的年龄限制是很重要的。这是因为结婚年龄太小,导致家庭暴力甚至离婚等家庭矛盾增加。此外,年轻时结婚的儿童有可能获得他本应获得但由于童婚而无法再获得的权利。所使用的研究方法是一种实证法律研究方法,通过实地调查和图书馆资料来完成。从本研究的结果来看,导致童婚的因素有:家庭经济因素(贫困)、父母包办婚姻、结婚多的朋友的环境因素、文化因素和人们对结婚年龄的看法、不再上学的因素、约会时发生性行为等。在童婚中容易受到侵犯的一些权利包括受教育权、谋生权、成长和发展权以及不受暴力侵害的权利。由童婚引起的暴力形式包括伴侣或有家庭关系的人实施的身体暴力和心理暴力,例如由于血缘关系、婚姻和居住在家庭中的监护人而实施的暴力。
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