Early Wedding and Child Protection Efforts According to Applicable Law

Furcony Putri Syakura and Jamal Wiwoho

The development of significant globalization affects a very dynamic and open social environment. Early wedding trends are from the customs of the local area in the countryside, the women will soon be married by their parents after reaching the age of childhood which is marked by menstruation. Legally, child marriage is legalized by The Act of the Republic of Indonesia Number 1 of 1974 states in article 7 paragraph (1) that advocating for girls must be 16 years of age, in a man reaching the age of 19 years. In The Act Number 35 of 2014 Amendment to Act Number 23 of 2002 concerning Child Protection in the Supplement to the State Gazette of the Republic of Indonesia Number 4235 states Article 1 Number 1 explains that the category in the age of a child reaches the age of 18 years. Then in Act Number 4 of 1979 concerning Child Welfare Article 1 Number 2 explains that a child has not reached the age of 21 years and has never married. Compilation of Islamic Law (KHI) provides a definition of marriage Article 2, in the Instruction President of the Republic of Indonesia, Number 1 of 1991, states that marriage, which is a very strong contract or mitsaqan ghalidzan to obey Allah's orders and carry out it is worship. Early wedding is not uncommon contribute to high cases of early divorce and domestic violence (domestic violence). Early wedding that occurs in society is caused by various problems, including religious, economic and social problems. This study uses the normative method of observing the results of library research, and empirically that occurs in the surrounding communities of various tribes including DKI Jakarta, Lampung, Semarang, Banyuwangi, Indramayu Sukabumi, Lombok-NTB, South Kalimantan, North Sulawesi. So according to the conclusion of this study if this is not anticipated, early wedding does not bring family happiness, as the purpose of the marriage itself.

Volume 12 | 08-Special Issue

Pages: 9-14

DOI: 10.5373/JARDCS/V12SP8/20202494