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Original Research

LEGALITY OF MINOR MARRIAGE ACCORDING TO POSITIVE LAW IN INDONESIA

MUHAMMAD YUSUF SIREGAR 1, NURHAYATI 2, and DHIAUDDIN TANJUNG 3.

Vol 17, No 12 ( 2022 )   |  DOI: 10.5281/zenodo.7457431   |   Author Affiliation: Universitas Islam Negeri Sumatera Utara, Medan, Indonesia 1,2,3.   |   Licensing: CC 4.0   |   Pg no: 989-997   |   To cite: MUHAMMAD YUSUF SIREGAR, et al., (2022). LEGALITY OF MINOR MARRIAGE ACCORDING TO POSITIVE LAW IN INDONESIA. 17(12), 989–997. https://doi.org/10.5281/zenodo.7457431   |   Published on: 19-12-2022

Abstract

This study aims to analyze the legal aspects of the legality of underage marriage according to positive law in Indonesia. This research is Normative Empirical, namely research by looking at the conditions in the field by linking the legal sources of the regulations in force in the Republic of Indonesia. The benefits that will be received from the results of this study are to find out and analyze the mechanism of marriage marriage in court. To find out and analyze the existence of marriage marriage. The results of the study indicate that first, the results of the study indicate that the application for itsbat marriage is the method taken by both husband and wife or one of the husband and wife, children, guardians, marriage and other parties with an interest in the marriage by submitting an application to the Religious Court/Syar'iyah Court in the jurisdiction where the applicant resides, accompanied by clear and concrete reasons and interests in which the application is voluntary. Second, the application for marriage isbath is one way that can be taken for purposes and to complete the Administration of Marriage Book Management and Population Administration which will ultimately have implications for the inheritance rights of the wife/husband and children from the marriage.all of which have a purposeto protect the rights between husband and wife and the children born of the marriage.


Keywords

Legality, Child Marriage, Minors