PERJANJIAN PRANIKAH SEBAGAI INSTRUMEN PERLINDUNGAN HUKUM BAGI KORBAN PERKAWINAN PAKSA DI INDONESIA

Abstract

Forced marriage is a serious violation of human rights in Indonesia, with profound psychological and social impacts on victims. This article discusses prenuptial agreements as an effective legal instrument for protecting victims of forced marriage. The study employs a normative legal method with conceptual, legislative, and comparative approaches. The findings indicate that prenuptial agreements, regulated by various Indonesian laws such as the Civil Code, Law No. 1 of 1974 on Marriage, and the Compilation of Islamic Law, can provide strong legal protection for victims. Key clauses in prenuptial agreements, such as free consent without coercion, prevention of domestic violence, and the right to divorce, can offer victims a clear exit route and reduce legal uncertainty. However, the implementation of prenuptial agreements still faces challenges such as low public awareness, cultural barriers, and high costs. The article recommends a holistic approach involving legal education, empowerment of legal aid institutions, and affirmative policies to ensure access to legal services for vulnerable groups. With this approach, prenuptial agreements can become an effective protection tool for victims of forced marriage.