Name : Esti Rahmadhani

NIM : D1A022145
CUSTOMARY LAW (KI.1)

JOURNAL ANALYSIS OF UNDERAGE MARRIAGE ACCORDING TO

CUSTOMARY LAW AND INDONESIAN MARRIAGE LAW

1. Issues
Marriage is a physical and mental bond that gives birth to a family, one of the elements of
marriage is social life which is regulated by the rules of Indonesian state law and customary
law. There are various differences and views on underage marriage according to customary
law and Indonesian marriage law. Customary law does not recognize the age limit for
marriage. Meanwhile, the Indonesian Marriage Law stipulated in Article 7 Paragraph (1) of
Law No. 16 of 2019 Amendment to Law No. 1 of 1974 concerning Marriage is related to the
Minimum Age Limit for Marriage of 19 years for men and women. There are so many
impacts of early marriage, which not only puts girls at risk of sexually transmitted infections,
but the condition also causes an increased risk of maternal mortality (aged between 15 and
19), due to complications during pregnancy and childbirth. Then also the United Nations
Children's Fund (UNICEF) states that adolescents tend not to be able to manage emotions,
and can’t make good decisions.1 This results in domestic violence when there is conflict with
a partner.

2. Related Regulations
Based on Law Number 1 of 1974 concerning Marriage and various other related laws and
regulations, it has been regulated regarding the minimum limit for a person to enter into a
marriage and the obligation to register a marriage with a Marriage Registration Officer.
According to Article 7 paragraph (1) of Law Number 16 of 2019 concerning Amendments to
Law Number 1 of 1974, marriage is only permitted if the man and woman have reached the
age of 19. The stipulation of the age limit for marriage in the Marriage Law is rigid. This
means that it does not provide an opportunity for anyone to do so.2

3. Analysis
Article 7 paragraph (1) of Law Number 16 Year 2019 on the Amendment to Law Number
1 Year 1974 regulates the minimum age limit for marriage in Indonesia. Analysis of this
article shows that there is a clear and rigid limit on the age of marriage. This article explicitly
states that a person must reach the age of 19 in order to enter into marriage. It aims to protect
children from marrying at too young an age, which can have a negative impact on their
physical and psychological health.

1
Unicef. Accessed on Juni 2023. Early Marriage Child Spouses
2
Hasan Bastomi, 2016, “Pernikahan Dini dan Dampaknya (Tinjauan Batas Umur Perkawinan Menurut Hukum
Islam dan Hukum Perkawinan Indonesia),” Yudisia : Jurnal Pemikiran Hukum Dan Hukum Islam 7, no.2, hlm.
16.
 Some views in customary law may not be in line with the age limit for marriage set out in
Article 7 paragraph (1) of Law Number 16 of 2019 on the Amendment to Law Number 1 of
1974. In some cultures or customary traditions in Indonesia, especially in rural areas,
marriage at a younger age may be considered valid or in accordance with prevailing
customary norms. Customary law often emphasizes values such as family unity, continuity of
generations, and social pressure to marry soon after reaching puberty.
Some of the impacts of underage marriage are:
 Education Stops. Early marriage often halts a child's education, especially for
girls. They are often forced to drop out of school and take care of the household.
As a result, their chances of getting an adequate education and reaching their
personal potential are limited.

 Poverty. Children who marry at an early age tend to face a higher risk of poverty.
The limited education and skills, as well as the household responsibilities placed
on them, make it difficult for them to find decent, independent work. This can
result in them being trapped in a cycle of poverty.

 Psychological Wellbeing. Early marriage can place great psychological stress on

the children involved. They may experience difficulties in adjusting to the adult
roles imposed on them. In addition, they are also at risk of domestic violence,
physical and emotional abuse, and mental disorders.
Some indigenous communities may argue that the marriage age limit set out in the law is
irrelevant or does not take into consideration the particularities of their culture and traditions.
It is important to remember that customary law cannot override or ignore universally
recognized human rights, including the rights of the child. Laws that set marriage age limits
aim to protect children from marrying too early and potentially harming them.
In these cases, judges may grant dispensations or exceptions to certain legal requirements,
including marriage age restrictions, if they deem it fair and in the best interests of the
individuals involved. Such dispensation may be granted based on special considerations, such
as emergencies, religious reasons, or strong cultural considerations. An application for
dispensation of the age of marriage is a voluntary claim, meaning that the law assesses the
decision in accordance with the application claim, namely the determination of the age of
marriage.3
In My opinion sees early marriage as a serious problem that violates human rights,
especially the child's right to full development and proper education. It can negatively affect a
child's physical and mental health, as well as hinder their chances of getting a proper
education and reaching their full potential in life. I believe that marriage should be based on
the free choice, consent, and maturity of both partners involved. The law should play a role in
protecting children from early marriage and provide adequate protection of their rights.
I also support measures to raise public awareness about the negative impact of early
marriage, as well as efforts to strengthen laws prohibiting marriage below the legally
prescribed age. In addition, it is important to ensure adequate access to education,
reproductive health services and social support for children involved in early marriage.
4. Conclusion
3
Sudikno Mertokusumo dan Adriaan Pitlo, 1993, Bab-Bab Tentang Penemuan Hukum, Yogyakarta : Citra
Aditya Bakti
 Indonesians live with certain rules that come from both the written law or even the
unwritten law, customary law in one of the unwritten rules that exist and became one way of
life for indonesians. The problem with marriage is also exist in todays law, this journal
focusing on the underage marriage as the problem, according to the customary law in
indonesia, some tribe still practicing the action off underage marriage based on the customary
rules and norms that applied in certain country, moreover underage marriage in the context of
customary law is also influenced by cultural factors, these cultural factors is exist with the
traditions and beliefs,that exist in the local community. Regardless of the contradiction, these
actions also violate certain principles of human rights, particularly the right of children to
grow and develop fully. In Indonesia, the marriage regulation exists in article 7 paragraph 1
law number 16 of 2019 regarding marriage.
In Indonesian marriage law the minimum age of marriage is 19 years old for both woman
and man, Indonesian marriage law recognizes the importance of protecting children's rights
and regulates provisions related to underage marriage. The idea of protecting rights of
children became the most valuable things to be protected. But in certain cases judge can grant
application for permission to marry underage, under legal basis article 6 paragraph 1 and 7
paragraph 1. Despite the possibility of dispensation in certain situations, efforts should
continue to eliminate the practice of early marriage, strengthen the implementation of
marriage laws, and raise public awareness about the negative impact of early marriage on
children. The protection of human rights, especially children's rights, should be the
cornerstone in addressing this issue.