EFEKTIVITAS UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERKAWINAN TERKAIT BATAS USIA PERKAWINAN

Studi di Pengadilan Agama Boyolali

Abstract

This study aims to analyze the effectiveness of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage regarding marriage age limits. This study also aims to determine the factors that have caused the increase in marriage dispensation cases at the Boyolali Religious Court after the enactment of Law Number 16 of 2019. The government has revised Law Number 1 of 1974 concerning Marriage into Law Number 16 of 2019 which discusses the age limit for marriage, initially 16 years for women was changed to 19 years. Considerations related to the increase in the higher age limit for women to marry include that marriage at a child's age has a negative impact on the growth and development of children and will lead to the non-fulfillment of children's basic rights. However, after the issuance of Law Number 16 of 2019, the number of cases of marriage dispensation applications at the Boyolali Religious Court has increased. The type of research used is sociological juridical research, namely research conducted on the actual situation or the real situation that has occurred in society. And the nature of the research is descriptive using secondary data as the initial data, which is then continued with primary data in the field. The theory used to analyze and discuss the problems in this study uses the theory of legal effectiveness put forward by Soerjono Soekanto and John Rawls' theory of justice. The results showed that Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage has not been effectively implemented, especially by the people in Boyolali Regency. One of them is because there are still many people who do not know about the change in the minimum age limit for marriage according to Law Number 16 of 2019. This is evidenced by the increasing number of marriage dispensation applications filed at the Boyolali Religious Court. The factors that cause the increase in marriage dispensation cases at the Boyolali Religious Court are factors of promiscuity, economic factors, and factors of community habits / customs. For this reason, the Government's role is needed to be more active in socializing Law Number 16 of 2019 and providing counseling related to the impacts of underage marriages to the community.
Keywords: Effectiveness, Law Number 16 of 2019, Marriage Age Limit, Marriage Dispensation.