Analysis of Forced Marriage According to the Law on Sexual Violence Criminal Acts

Abstract

Forced marriage is a form of sexual violence that has often been disguised as a matter of custom, morality, or family resolution, resulting in weak legal protection for victims. This article aims to analyze the regulation of forced marriage as a criminal act of sexual violence in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (TPKS Law), and assess the effectiveness of its implementation in protecting victims and imposing criminal sanctions on perpetrators. The research method used is normative juridical with a statutory and conceptual approach. The results show that the TPKS Law expressly qualifies forced marriage as a stand-alone criminal offense and places free consent as the main element of the validity of a marriage. This regulation is in line with the guarantee of human rights in Article 28B paragraph (1) of the 1945 Constitution of the Republic of Indonesia. However, in practice, the effective implementation of the TPKS Law still faces cultural and structural obstacles, mainly due to the strong patriarchal culture and the suboptimal victim-based perspective in law enforcement. Therefore, strengthening the implementation of the TPKS Law is necessary through capacity building of law enforcement officials and a shift in social paradigms to ensure the ongoing protection and recovery of victims of forced marriage.