Al-Mujtahid: Journal of Islamic Family Law
Vol 4, No 2 (2024)

Enforcement of Underage Marriage Law in Luwu Regency, South Sulawesi

Kahatib, Kamal (Unknown)
Assaad, A. Sukmawati (Unknown)
Nur, Muhammad Tahmid (Unknown)
Gómez, José Manuel Naranjo (Unknown)



Article Info

Publish Date
30 Dec 2024

Abstract

This study aims to examine the enforcement of underage marriage laws in Luwu Regency. This descriptive qualitative study uses a normative-empirical approach to interview, observation, and documentation methods. The results show that the reality of underage marriages in Luwu Regency is influenced by weak public awareness, lack of serious government supervision or education, and factors such as free association, tradition, family economic background, and patriarchal views. Underage marriage practices based on cultural reasons are subject to a criminal penalty of up to 9 years as outlined in Law No. 12 of 2022 on Sexual Violence Crimes, Article 10, Paragraph (1) and (2). The enforcement of underage marriage follows the legal framework of Law No. 16 of 2019, considering the minimum marriage age, and the Supreme Court Regulation No. 5 of 2019 regarding guidelines for adjudicating marriage dispensation requests. Substantively, underage marriage, from a traditional perspective, aims to preserve lineage rather than prioritize material concerns.

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Journal Info

Abbrev

almujtahid

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Al-Mujtahid: Journal of Islamic Family Law mainly focuses on Islamic Family Law and Islamic Law. with various approaches of normative, philosophy, history, sociology, anthropology, theology, psychology, and is intended to communicate the original researches and current issues on the subject. ...