Factors Affecting Marriage below the Age in Indonesia

Abstract

Marriage is a bond that gives birth to the family as one element in the life of society and the state, which is governed by the rule of law, both Islamic law and positive law (state). In the Marriage Law it has been stipulated regarding the age limit for marriage (material requirements), one of which is the provisions regarding the minimum age limit contained in Article 7 paragraph (1) of Law Number 1 of 1974 concerning Marriage. In reality many marriages occur under the provisions of the marriage law, this has long been the case with so many actors, not only in big cities but not in remote areas. It is therefore interesting to analyze the legal study of underage marriages according to Law Number 1 of 1974 and the factors and impacts related to underage marriages. This research method is analytical descriptive and the approach method used is normative juridical. The technique of data collection through document study, as well as the analytical method is carried out in a normative qualitative manner. Based on the results of the analysis, that underage marriages according to Law Number 1 of 1974 have basically been regulated in Article 7 paragraph (1) of Law Number 1 of 1974 which states that "Marriage is only permitted if the male party reaches the age of 19 years and the woman has reached the age of 16 years. " However, deviations from the age limit can occur when there is a dispensation given by a court or other official appointed by both male and female parents as stipulated in Article 7 paragraph (2) of Law Number 1 of 1974. Factors of marriage underage, namely economic problems, low education, cultural understanding and certain religious values, so that underage marriages will have an impact on the law, education, psychology, biology, health and social affairs.