THE IDEAL CONCEPT OF MARRIAGE AGE LIMIT IN LEGAL REFORM IN INDONESIA
Marriage Law no. 1 of 1974, there are still problems and pros and cons among the community. In the author's study, there are 9 legal problems, including the problem of setting the age limit for marriage. Article 6 paragraph (1) provides a minimum age limit for marriage, after 21 years of age. However, the Marriage Law and its amendments to Law no. 16 of 2019, Article 7 allows men and women aged 19 years to marry, even providing space for those under 19 years of age, by applying for a dispensation in court. This provision provides a great opportunity for child marriage to occur, from various aspects, biological, psychological and sociological, very vulnerable and full of risks to the continuity of the family. In addition, these provisions are not legally in sync with other laws and regulations, Law no. 23 of 2002 states that children are those who have not reached the age of 18 years. This factor is the cause of the high rate of underage marriage in Indonesia. The method used in this research is normative (doctrinal) legal research, using legal, conceptual, comparative, case approaches and statutory regulations. The research results confirm that the regulation of marriage age limits was initially a national agreement expressed in the form of statutory regulations. This agreement currently requires legal updates in accordance with legal and constitutional developments in Indonesia. The ideal concept in the upcoming marriage law reform (ius constituendum) is to increase the age to 21 years, as a biological, psychological and sociological category of adult age, although currently the age limit of 19 years is still possible to implement. Deviations from the marriage age limit still require dispensation permission from the Court, however there is a minimum age limit of 18 years which is the main requirement in applying for a marriage dispensation.
Law, Marriage, Restrictions, Age.