The Practice of Early Marriage in Children's Suku Anak Dalam: Challenges to Constitutional Rights and Legal Pluralism Indonesia

Abstract

Young marriage is still a significant problem in Indonesia even though the government has strengthened regulations through Marriage Law Number 16 of 2019 which raises the minimum age limit for marriage. Challenges arise when national policies are confronted with the diversity of cultural practices and local legal systems that live within indigenous communities. In this context, the issue of fulfilling children's constitutional rights intersects with legal pluralism. This study analyzes how the practice of early marriage takes place in the Suku Anak Dalam (SAD) community and its implications for children's constitutional rights as citizens. Using a qualitative approach of case studies, data were collected through observation, interviews, and documentation in Nyogan Village, Mestong District, Jambi. The analysis is carried out through data reduction, thematic categorization, and interpretation. The findings suggest that the practice of early marriage in SAD is not only driven by economic factors and educational limitations, but also by the legitimacy of the customs that place marriage as part of the social structure of the community. This condition has an impact on the fulfillment of children's constitutional rights, including the right to education, health, legal protection, and access to civil registration. In addition, the tension between customary norms and state law reflects the strong legal pluralism that limits the effectiveness of the state in providing protection. This research emphasizes the need for a culture-based collaborative approach to ensure the fulfillment of children's rights in indigenous peoples in Indonesia.