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All Journal Federalisme : Jurnal Kajian Hukum Dan Ilmu Komunikasi Jurnal Hukum, Administrasi Publik dan Negara
Yayan Hanapi
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Law, Crime, Criminology & Criminal Justice

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Tinjauan Yuridis Sosiologis Terhadap Pelaksanaan Perkawinan Dibawah Umur : (Studi Kasus Desa Owata, Kecamatan Bulango Ulu, Kabupaten Bone Bolango) Nurmin K. Martam; Yayan Hanapi
Jurnal Hukum, Administrasi Publik dan Negara Vol. 2 No. 1 (2025): Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v2i1.136

Abstract

Underage marriage is a significant issue in various regions in Indonesia, including Owata Village, Bulango Ulu Subdistrict, Bone Bolango Regency. This study aims to examine the implementation of underage marriage from a juridical and sociological perspective. A qualitative approach with descriptive methods was used to understand the social, cultural, economic and educational factors that influence the phenomenon. The results show that the main factors that encourage early marriage include deep-rooted social norms and traditions, economic pressure, low access to education, and lack of understanding of the legal and health impacts. This practice often contradicts Law No. 16/2019, which sets the minimum age of marriage at 19 years. The consequences of underage marriage include negative impacts on reproductive health, increased risk of domestic violence, and barriers to education and careers. Therefore, comprehensive efforts through community education, economic empowerment, increased legal socialization, and more effective supervision are needed to reduce the practice of early marriage and protect children's rights. This research emphasizes the importance of synergy between the community, legal apparatus, and government to provide sustainable solutions.
Analisis Yuridis Peraturan Menteri Agama Nomor 20 Tahun 2019 Terhadap Praktik Itsbat Nikah Di Bawah Umur: Studi Kasus Di Kantor Urusan Agama Kecamatan Bulango Ulu Kabupaten Bone Bolango, Provinsi Gorontalo Suharyono Paputungan; Nurmin K. Martam; Ibrahim Ahmad; Robby Waluyo Amu; Yayan Hanapi
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 2 No. 4 (2025): November: Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v2i4.1224

Abstract

The urgency of marriage as an effort to elevate human dignity and sustain life and progeny is regulated in Law Number 16 of 2019, which amends Law Number 1 of 1974 concerning Marriage. The state requires marriage registration to guarantee the validity and legal protection of the rights of married couples and their children. One important provision in this regulation is the determination of the minimum age for marriage, which is 19 years for both men and women. However, in practice, underage marriages, including unregistered marriages, still occur. This study uses a normative-empirical research method, combining written legal analysis with field data to examine the application of laws and regulations in community practice. The results show that underage marriages can be legalized by the Religious Court based on Minister of Religious Affairs Regulation Number 20 of 2019. This regulation provides legal certainty and protection of children's rights, but has also raised controversy regarding the potential legalization of early marriage. This regulation has had a significant impact on the practice of itsbat nikah anak kecil, especially at the Bulango Ulu Religious Affairs Office (KUA), by reducing unregistered marriages. However, challenges in verifying evidence, socio-cultural pressures, and the normalization of early marriage remain major obstacles that must be overcome through education and cross-sector collaboration.
Co-Authors Ibrahim Ahmad Nurmin K. Martam Robby Waluyo Amu Suharyono Paputungan