TINJAUAN YURIDIS TENTANG PERKAWINAN ANAK DI BAWAH UMUR
Abstract
One of the legitimate requirements of marriage in Law No. 1 1974 on Marriage is the age of the prospective bridegroom, 19 years for men and 16 years for women. As stated in Article 7 Paragraph (1), the provision concerning to the age of the prospective bride is proposed the future husband and wife who are going to marry and have matured the personality and physique. Thus, it can foster good households, otherwise the reality is a deviation of age against the provisions as referred to in Article 7 Paragraph (2). In the determination of Banyumas Religious Court Number: 033/pdt.p/2015/PA.BMS. contained deviation of age. The analysis of the problem formulation: What factors arise the existence of underage marriage and What is the basis Judge considerations in granting the request for marriage dispensation in the direction of Number: 033/pdt.p/2015/ PA.BMS. This research is intended to understand and to know the factors causing the occurrence of underage marriage and the basis of judge consideration in establishing marriage dispensation. The method used in this research is qualitative normative juridical.
The results of this study indicate that factors in underage marriage are caused by: marital relationships, family education, social environment, parental role, social media role, and lack of reproductive health education among adolescents. Then Judge's Consideration in granting marital dispensation application on stipulation Number: 033/pdt.p/2015/PA.BMS as follows: on the legal basis of the provisions of Article 6 paragraph 2 and Article 7 paragraphs (2) and (3) of Marriage Law No. 1 Year 1974; considerations in the court record, the administrative completeness of the parties concerned, the consideration based on the judgment that the marriage is a sunnah in the Islamic religion, consideration based on the principle of all benefit and harmful actions, and the status of the child who has been born by the prospective bride women.