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The Urgency of Marriage Age Maturation (PUP) as an Effort to Prevent Underage Marriage after the Enactment of the NTB Provincial Regulation concerning Prevention of Marriage at the Age of Children in 2020

. Tuti Harwati, Ahmad Nurjihadi, Musawar, M. Riadhussyah Mataram Islamic State University, Mataram, West Nusa Tenggara, Indonesia


Abstract

The focus of the research in this paper is the urgency of marriage age maturity (PUP) to prevent marriages at lower age after enacting the NTB Provincial Regulation in 2021 concerning the Prevention of Marriage at the Age of Children. However, this effort is almost threatened with futility and failure due to non-uniformity and overlapping minimum age limits for marriage stipulated by related legal regulations in the same legal area, namely Law No.1 of 1974 concerning Marriage, the Circular of the Governor of NTB 2015 concerning Maturity of Marriage Age, Regional Regulation of West Lombok Regency concerning Maturity of Marriage Age and Regional Regulation of NTB Province concerning Prevention of Marriage at the Age of Children. Maturity of marriage age has a positive correlation with efforts to increase the minimum age limit for marriage, not to reduce the minimum age for marriage as stipulated in the 1974 Marriage Law, limiting the minimum age for marriage for men aged 19 years women at least 16 years old. The Governor's Circular Letter of 2015 concerning Marriage Age Maturity' revised' the limit to age 21 for both men and women because it was considered too young for today's teenagers to marry. On the other hand, the 2021 regional regulation on the Prevention of Marriage at the Age of Children reduces the minimum age of marriage to 18 years. Far below the ideal marriage age limit stipulated in the Governor's Circular, namely 21 years for both men and women, even less than the age limit of 19 years for men and 16 years for women as regulated in the Marriage Law. The study results show that based on a legal approach, the passing of the NTB regional regulation on the Prevention of Child Marriage has provided a firmer legal umbrella for efforts to reduce the underage marriage crisis in NTB. In the legal hierarchy, regional regulations (perda) have a higher position and wider reach. They have illegal severe, severe cation so to only issuing a circular in the form of a limited appeal such a,s the NTB Governor Circular regarding the Maturity of Marriage Age 2015 ago. On the other hand, although the 2015 PUP Circular and the 2021 PUP Regional Regulation have the same intention, namely preventing underage marriages, it turns out that there are significant differences in the aspect of limiting the minimum age for marriage which of course will great sign great significantly marriage maturity himself who became increasingly blurred.

 

Index Terms- Marriage Age Maturity, maturity, underage marriage/child age

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