The Legal and Social Aspect for Underage Marriage Women's Education Rights in the Perspective of Human Rights

Contemporary Issues and Problems

Bibliographic Data

ID21848188
AuthorsRizky Bangun (0000-0001-9744-588X, State University of Semarang), Rodiyah Rodiyah (0000-0002-8021-7757, State University of Semarang), Fadhilah Rizky Afriani Putri
Year2020
Volume15
Issue2
Pages219-240
Publication date2020-10-31
Open AccessYes
TypeARTICLE
VenueSawwa Jurnal Studi Gender (JOURNAL)
Journal identifiersISSN: 1978-5623 • E-ISSN: 2581-1215
PublisherUIN Walisongo Semarang (PUBLISHER)
DOI10.21580/sa.v15i2.5165
OpenAlexW3136255777
LanguageEN
Citations received4
References cited10

The right to education is a fundamental human right and must be fulfilled by the state. However, the right to education, especially for women with underage marriages (child marriages), has not yet had adequate education. This paper aims to analyze the legal and social aspects of children's educational rights, especially women with conditions of underage marriage (child marriage) in Indonesia. This study examines the formal juridical aspects of the protection and guarantee of education rights for women and social aspects related to the constraints of fulfilling women's education. This research is a normative juridical study in which this study looks at the community's various facts based on the applicable legal rules. This research's social aspects are seen based on various social theories related to this research study; the data and facts obtained in this study are data sourced from previous research, both print and online media. This research confirms that child marriage is motivated by many factors, one of which is economic conditions so that women cannot achieve the rights to education. However, according to the 1945 Constitution Article 31 paragraph (1) that every citizen has the right to get an education. However, there are no strict criminal sanctions for families who leave their children out of school in terms of law enforcement

Constitution · Constitutional right · Enforcement · Fundamental rights · Human rights · Normative · Political science · Sanctions · Sociology · Gender and Women's Rights · Law · Legal Studies and Policies · Marriage and Family Dynamics

Tools

Open DOIOpen Access