haq, fazal (2023) PERKAWINAN DI BAWAH UMUR PADA MASYARAKAT SUKU BADUY DIHUBUNGKAN DENGAN UNDANG- UNDANGNOMOR 16 TAHUN 2019 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 1 TAHUN 1974TENTANG PERKAWINAN. S1 thesis, Universitas sultan Ageng Tritayasa.

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Abstract

The background of this research is that the practice of underage marriages in Baduy is still widely practiced because the marriage system in Baduy still applies an arranged marriage model so that the average girl there gets married in her teens at a very young age. In this regard, in Indonesia, issues relating to the minimum age for marriage have been regulated in Law no. 16 of 2019 concerning changes to Law no. 1 of 1974 concerning Marriage which states that the minimum age for marriage is 19 years for men and 19 years for women. So the identification of the problem from this research is whether the practice of underage marriage in the Baduy people is regulated in Law Number 16 of 2019 concerning Marriage and what are the legal consequences of underage marriage in the Baduy people connected with Law Number 16 of 2019 About Marriage. The theory used is the Theory of Justice, namely what has been formulated by law in the form of rights and obligations, where violations of justice will be upheld through a legal process. Then the theory of Legal Certainty refers to the application of laws that are clear, permanent, consistent, and consistent whose implementation cannot be influenced by subjective circumstances. The method used is normative juridical and empirical juridical. The research specifications used are descriptive qualitative. The approach used is statutory approach, Conceptual Approach, and Case Approach and then analyzed by qualitative descriptive method. The findings from this study are that the practice of underage marriages in the Baduy when connected with the theory of legal certainty does not yet reflect legal certainty.Then, when connected with the theory of justice, this does not show conformity with Law no. 16 of 2019. The conclusion of this study is that the practice of marriages carried out in the Baduy people isstill not in accordance with Law no. 16 of 2019. The legal consequences did not have a significant impact, it just had an impact on welfare, maturity of thought, and harmony in the marriages of the Baduy people. Suggestions from this study are that local governments, academics, and related parties should conduct legal counseling about Law no. 16 of 2019 concerning Marriage regarding the minimum age limit for marriage is carried out more intensively and on a scheduled basis in the Baduy region.

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