A Critical Study of Child Marriage as a Sexual Violence Crime in the Perspective of Jasser Auda’s Systems Theory

Abstract

Child marriage remains a persistent phenomenon in Indonesia due to cultural norms, economic pressures, and narrow religious interpretations. This practice, however, carries the risk of concealed sexual violence and violations of children’s fundamental rights. This research aims to examine child marriage as a criminal act of sexual violence under Law Number 12 of 2022 concerning the Crime of Sexual Violence (UU TPKS), and to analyze it using Jasser Auda’s System Theory. Employing a normative juridical research method, this study applies a statute approach to explore legal frameworks and a conceptual approach to assess theoretical perspectives. Primary legal materials consist of national laws and regulations, while secondary materials include academic literature, journals, and relevant scientific works. Data were analyzed qualitatively using a descriptive-analytical method to interpret legal stipulations and theoretical viewpoints. The results of the study reveal that the UU TPKS explicitly categorizes child marriage as a form of forced marriage, which constitutes a criminal act of sexual violence as stipulated in Article 10 paragraph (2). Any sexual relations within such marriages involving minors who lack mature consent capacity are deemed unlawful and a violation of human rights. Within Jasser Auda’s System Theory, this legal position aligns with the purposefulness and holistic nature of Islamic law, which seeks to realize benefits and prevent harm, especially for vulnerable groups such as children. Therefore, child marriage contradicts the maqāṣid al-sharī‘ah and must be prevented as a form of sexual violence by both the state and society.