URGENCY OF RESTRICTING MARRIAGE AGE AND THE IMPLEMENTATION OF MARRIAGE DISPENSATION IN INDONESIA

Abstract

Marriage is the right of every individual and the responsibility of the state to guarantee and protect this right, including in terms of the minimum age for marriage. Indonesia, as a country with diverse ethnicities, cultures, and religions, faces various challenges in establishing fair and uniform marriage laws. Since the pre-independence period until now, marriage law has undergone various changes and reforms. A significant change occurred in 2019 with the revision of Law Number 1 of 1974 concerning Marriage which sets the minimum age for marriage for men and women at 19 years. However, the provisions regarding marriage dispensation still allow for underage marriage with court approval and/or underage marriage outside the court. This article explores the urgency of setting a marriage age limit and the legal implications of the marriage dispensation provisions, as well as examining the effectiveness of the law in reducing early marriage in Indonesia. Based on empirical data, despite changes in regulations, early marriage is still a serious problem that requires further attention and more consistent law enforcement.