implementation of marriage dispensation as a form of protection of minors according to law number 1 of 1974
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Institusion
Universitas Darul ulum
Author
Jordan Adam Abdillah, Abdillah
Subject
Ilmu Hukum
Datestamp
2022-10-03 08:50:02
Abstract :
ABSTRACT Marriage Law No. 1 of 1974, aims to prevent marriages of children, so that young people who will become husband and wife really have cooked their souls in forming a happy family / household. Likewise it is intended to be able to prevent the occurrence of young divorces and to be able to breed good and healthy offspring, and not result in higher birth rates thereby accelerating population growth. There are many factors that encourage underage marriages, internal factors including the desire of the child, pregnancy outside marriage (marriage by accident), and education. The external factors are: the desire of parents, the economy, avoiding adultery, tradition, but there is also an addiction to watching porn videos that triggers the desire to have a partner as soon as possible. Therefore the community needs to be aware of the factors causing the occurrence of underage child marriages, so that the public can know behind underage marriages there are impacts that must be borne by the child physically, mentally and socially. Legal protection for minors who apply for marriage dispensations in accordance with Law Number 1 of 1974 concerning Marriage does not actually reflect a legal protection for the community, because the low age limit stipulated in the Marriage Law has in fact opened more marriages to minors with the permission of the child to marry because he has received dispensation from the court. The Marriage Law should be able to provide broader protection and increase the minimum age for marriage, and it is expected to co-exist with the Child Protection Act. A form of legal protection contained in the Child Protection Act is a tangible form, which aims to fulfill the rights of children and get protection from violence and discrimination, which can be obtained if the underage marriage continues. And not to prevent the applicant from the responsibility of maintaining and giving opportunities for child growth and development.
ABSTRACT Marriage Law No. 1 of 1974, aims to prevent marriages of children, so that young people who will become husband and wife really have cooked their souls in forming a happy family / household. Likewise it is intended to be able to prevent the occurrence of young divorces and to be able to breed good and healthy offspring, and not result in higher birth rates thereby accelerating population growth. There are many factors that encourage underage marriages, internal factors including the desire of the child, pregnancy outside marriage (marriage by accident), and education. The external factors are: the desire of parents, the economy, avoiding adultery, tradition, but there is also an addiction to watching porn videos that triggers the desire to have a partner as soon as possible. Therefore the community needs to be aware of the factors causing the occurrence of underage child marriages, so that the public can know behind underage marriages there are impacts that must be borne by the child physically, mentally and socially. Legal protection for minors who apply for marriage dispensations in accordance with Law Number 1 of 1974 concerning Marriage does not actually reflect a legal protection for the community, because the low age limit stipulated in the Marriage Law has in fact opened more marriages to minors with the permission of the child to marry because he has received dispensation from the court. The Marriage Law should be able to provide broader protection and increase the minimum age for marriage, and it is expected to co-exist with the Child Protection Act. A form of legal protection contained in the Child Protection Act is a tangible form, which aims to fulfill the rights of children and get protection from violence and discrimination, which can be obtained if the underage marriage continues. And not to prevent the applicant from the responsibility of maintaining and giving opportunities for child growth and development.
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