In the recent international campaigns against child marriage, there is a puzzle of agency: while international human rights institutions celebrate when girls exercise their agency not to marry,... Show moreIn the recent international campaigns against child marriage, there is a puzzle of agency: while international human rights institutions celebrate when girls exercise their agency not to marry, they do not recognize their agency to marry. ‘Child marriage’, defined as “any formal marriage or informal union where one or both of the parties are under 18 years of age”, is considered always forced, assuming that children are not capable of consenting to marriages. In order to re-examine, reflect, and discuss this approach to agency, this dissertation offers empirical evidence of child marriage, based on findings from the author’s fieldwork in Indonesia. Why children marry and how this practice both informs, and is treated within, multiple competing normative frameworks in place? The dissertation starts from analysing child marriage discourse at the international level, moves to discuss the political contestation over child marriage at the national level (Indonesia), and then investigates child marriage as a social practice on the Indonesian island of Bali.This is a socio-legal study of international human rights, which contributes to the scholarly field of human rights and children’s rights by using ideas from the other disciplines in social science. Show less
This article examines how the existence of multiple legal orders can impact the defense of human rights, by discussing how state legal agents in Bali navigate state law through local concerns and adatShow moreThis article examines how the existence of multiple legal orders can impact the defense of human rights, by discussing how state legal agents in Bali navigate state law through local concerns and adat (customary) law in cases dealing with teenage pregnancy outside of marriage. In such “emergencies” where the morality of the community is at stake, families, adat authorities and state agents collaborate to find a way to fit these emergency situations into the locally accepted normative system, resulting in what international institutions call “child marriage.” In assessing the interaction between state law and customary law, this study offers a basis for discussing how legal pluralism should be addressed in the realization of human rights. Show less
This article examines how the existence of multiple legal orders can impact the defense of human rights, by discussing how state legal agents in Bali navigate state law through local concerns and... Show moreThis article examines how the existence of multiple legal orders can impact the defense of human rights, by discussing how state legal agents in Bali navigate state law through local concerns and adat (customary) law in cases dealing with teenage pregnancy outside of marriage. In such “emergencies” where the morality of the community is at stake, families, adat authorities and state agents collaborate to find a way to fit these emergency situations into the locally accepted normative system, resulting in what international institutions call “child marriage.” In assessing the interaction between state law and customary law, this study offers a basis for discussing how legal pluralism should be addressed in the realization of human rights. Show less
This article examines how the existence of multiple legal orders can impact the defense of human rights, by discussing how state legal agents in Bali navigate state law through local concerns and... Show moreThis article examines how the existence of multiple legal orders can impact the defense of human rights, by discussing how state legal agents in Bali navigate state law through local concerns and adat (customary) law in cases dealing with teenage pregnancy outside of marriage. In such “emergencies” where the morality of the community is at stake, families, adat authorities and state agents collaborate to find a way to fit these emergency situations into the locally accepted normative system, resulting in what international institutions call “child marriage.” In assessing the interaction between state law and customary law, this study offers a basis for discussing how legal pluralism should be addressed in the realization of human rights. Show less
This article addresses the dilemmas and compromises in legal practice around the issue of child marriage in Indonesia. Although the government set development goals that include ending child... Show moreThis article addresses the dilemmas and compromises in legal practice around the issue of child marriage in Indonesia. Although the government set development goals that include ending child marriage and complying with human rights standard, it is facing considerable resistance. We researched the state legal system and law in practice to understand this resistance, finding that: (1) law-making in family law involves conflict between progressive and conservative ideas; (2) consequently there is friction within current family law and laws regarding human rights; (3) judges use their discretion to achieve compromises between state laws and local norms; and (4) state law is creatively interpreted and applied at village level. The resistance at all these levels, arising from the religious concerns of conservative Muslims in a rapidly modernizing Indonesian society, is a formidable obstacle for the government to achieve its development goals. Adolescent sexuality is at the heart of these tensions. Show less
