Ketentuan Batas Usia Perkawinan Ditinjau dari Undang Undang Nomor 16 Tahun 2019 Tentang Perubahan Atas Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan dan Hukum Adat

Abstract

The stipulation of the age limit for marriage is one of the very important pillars in the legal protection of underage marriages. Underage marriage is a marriage or contract that can guarantee that a man and a woman have each other and can have husband and wife relations, and the marriage is carried out by someone (prospective husband/prospective wife) whose age has not yet reached the age determined by law. currently in force in Indonesia that has been determined by the government. UU no. 16 of 2019 amendments to Law No. 1 of 1974 concerning marriage Article 7, namely "Marriage is only permitted if a man and a woman have reached the age of 19 (Nineteen) years. In this thesis, the issues discussed are about how the pluralism of the marriage age limit according to positive law and customary law, regarding how to implement Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage, regarding how legal protection is related to age. marriage in which the parties contain Law Number 16 of 2019 amendments to Law Number 1 of 1974 concerning Marriage and customary law. This research uses the method of normative legal research. This research is descriptive analysis, which means describing facts in the form of secondary legal materials (existing legal materials) consisting of primary legal materials (statutory regulations), secondary legal materials (doctrine), and tertiary legal materials (public opinion).The approach used in this research is the statutory approach and the conceptual approach. The conclusion in this study is to find out the minimum age limit for marriage regulated in Article 7 paragraph (1) of Law Number 1 of 1974 for women is no longer relevant, if it is actualized at this time. Article 7 paragraph (1) of Law Number .1 of 1974 states "Marriage is only permitted if the man is 19 (nineteen) years old and the woman has reached the age of 16 (sixteen) years". Article 7 paragraph (1) of Law Number 16 of 2019 "Marriage is only permitted if the man and woman have reached the age of 19 (Nineteen) years. However, the adult age limit is influenced by the laws of Indonesia, while customary law does not recognize the age limit for adults or minors and does not recognize fiction as in civil law. Customary law only recognizes incidentally whether a person is related to his age and mental development, whether it is considered capable or not, capable or not capable of carrying out certain legal actions in certain legal relationships. Not yet competent means not being able to take into account and maintain one's own interests. The age limit for marriage in the Law of the Republic of Indonesia Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 is still possible for deviations from the possibility of dispensation from marriage through the courts by parents accompanied by evidence There is a strong opinion from health workers that the marriage can no longer be postponed or canceled, thus this limitation of the age of marriage cannot provide legal certainty based on Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974