The Effectivity of Law Number 1 of 1974 Concerning Marriage to Prevent Early Age Marriage in the Bantaeng Area of South Sulawesi

Abstract

Article 7 paragraph 1 of Law No. 1 of 1974 concerning Marriage, requires that the age limit for marriage for women is 16 years old and 19 years old male. Namely in its implementation regarding the boundaries of the marriage provisions there are actually many incompatibilities with the existing rules. Factors that cause marriage to minors are technology, culture and tradition. Through this research, we will examine the factors that cause the marriage of underage children in Bantaeng Regency, South Sulawesi. The final results of this study, determine the effectiveness of the application of Article 7 paragraph 1 of Law No. 1 of 1974 in the Bantaeng area of South Sulawesi. One of the reasons for early marriage in Bantaeng District, South Sulawesi in the case of Rahman (13 years) and awalia Mar'a (14 years) is because of "fear of sleeping alone". This research method is a combination of normative legal research and empirical legal research. Normative legal research is legal research that uses primary data, while empirical legal research is legal research that uses secondary data and questionnaires. Based on this research, it can be concluded that the Application of Article 7 paragraph 1 of Law No. 1 The year 1974 is not effective. The ineffectiveness is caused by many young people in Bantaeng Regency, South Sulawesi who do not know the meaning of the provisions of Article 7 (1) of Law No. 1 of 1974. The ineffectiveness of Article 7 paragraph 1 of Law No. 1 of 1974 caused the existence of internal factors and external factors. Internal factors are accident marriages because of promiscuity and factors of their own volition. External factors are economic conditions, parents, tradition, and low levels of education. The implementation of early marriage in Bantaeng Regency, South Sulawesi, is based on the consideration of the judge of the Religious Court in Bantaeng, South Sulawesi or the District Court in Bantaeng, South Sulawesi.