Analisis Pidana terhadap Praktik Pernikahan Siri di Bawah Umur sebagai Bentuk Eksploitasi Seksual Anak

Abstract

This research explores the intersection between customary practices and criminal law, specifically focusing on the phenomenon of underage unregistered marriage (nikah siri) in Indonesia. Despite the legal amendment of Law No. 16 of 2019 which raised the minimum marriageable age to 19 for both genders, the practice of nikah siri remains a prevalent loophole used to bypass state regulations. This study aims to analyze whether such marriages can be legally categorized as a form of child sexual exploitation under the Indonesian criminal law framework. Using a normative-legal research method with a conceptual and statute approach, this study examines the synchronization between the Marriage Law, the Child Protection Law (Law No. 35 of 2014), and the Sexual Violence Crimes Law (Law No. 12 of 2022/UU TPKS). The results indicate that underage nikah siri inherently contains elements of sexual exploitation, as child consent is legally considered invalid (void ab initio) due to the power imbalance and lack of legal capacity. Furthermore, the study finds that the "religious justification" often used in these marriages serves as a facade for "modern slavery" or "forced marriage," where children are deprived of their reproductive rights and education. The analysis concludes that law enforcement must shift its perspective from seeing nikah siri as a mere administrative or private matter to a serious criminal offense. By applying the ultimum remedium principle, the state should prosecute both the adult perpetrators and the guardians who facilitate such unions. This legal repositioning is crucial to provide a deterrent effect and to uphold the fundamental rights of children, ensuring that the sanctity of marriage is not manipulated as a shield for sexual violence.