AoEJ: Academy of Education Journal

Vol. 14 No 2 Tahun 2023

1265

EFFECTIVENESS OF CHANGES TO LAW NUMBER 1 OF 1974 TO LAW

NO 16 OF 2019 CONCERNING EARLY MARRIAGE

(Case Study in Hamparan Perak District)

Tanzilul Aziz

and Abd. Mukhsin

1, 2

North Sumatra State Islamic University, Medan

Email: [email protected]

ABSTRAK

Artikel ini bertujuan untuk menganalisis efektifitas Undang-undang No. 16 tahun 2019 dalam

mendegradasi angka pernikahan dini. Indonesia merupakan negara yang penduduknya terhitung

masif dalam pernikahan usia dini. Pernikahan usia dini sah-sah saja dilakukan dengan syarat dan

ketentuan yang terpenuhi. Ironisnya, sejalan dengan maraknya pernikahan usia dini, angka

perceraian justru ikut meningkat. Lebih lanjut lagi, penggugat cerai adalah remaja-remaja yang

awalnya melakukan pernikahan usia dini. Urgensi penelitian ini adalah untuk meninjau efektifitas

Undang-undang dalam mengurangi angka penikahan dini di Kecamatan Hamparan Perak. Artikel ini

menggunakan metode kualitatif dengan pendekatan yuridis normatif. Adapun teknik pengumpulan

data yang digunakan adalah wawancara, observasi dan dokumentasi. Sumber data primer dalam

penelitian ini adalah hasil yang diperoleh melalui wawancara dan observasi sedangkan data sekunder

yang digunakan adalah kajian pustaka. Hasil penelitian menunjukkan bahwa di Kecamatan

Hamparan Perak perubahan Undang-undang ini terhitung efektif karena mampu menekan angka

pernikahan usia dini. Meski demikian, penulis masih menemukan beberapa pasangan berusia muda

yang memilih untuk menikah. Permasalahan ini dapat ditekan melalui regulasi dan persyaratan yang

ketat. Adanya perubahan Undang-undang mengenai usia pernikahan sangat efektif dalam menekan

angka pernikahan usia dini di Kecamatan Hamparan Perak.

Keywords: Efektifitas, Perubahan Undang-undang, Pernikahan Usia Dini.

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 CC BY-SA International License.

ABSTRACT

This article aims to analyze the effectiveness of Law no. 16 of 2019 in reducing the rate of early

marriage. Indonesia is a country whose population is relatively large in early marriage. Early

marriage is legal if the terms and conditions are met. Ironically, in line with the rise in early

marriage, the divorce rate has actually increased. Furthermore, divorce plaintiffs are teenagers who

initially married at an early age. The urgency of this research is to review the effectiveness of the

law in reducing the number of early marriages in Hamparan Perak District. This article uses a

qualitative method with a normative juridical approach. The data collection techniques used were

interviews, observation and documentation. The primary data source in this research is the results

obtained through interviews and observation, while the secondary data used is a literature review.

The results of the research show that in Hamparan Perak District, changes to this law were effective

because they were able to reduce the number of early marriages. However, the author still found

several young couples who chose to get married. This problem can be suppressed through strict

regulations and requirements. The change in the law regarding the age of marriage is very effective

in reducing the number of early marriages in Hamparan Perak District.

Keywords: Effectiveness, Changes in Laws, Early Marriage.

INTRODUCTION

Early marriage is a marriage carried out by underage teenagers, namely between 13

and 19 years, who can be said to be not yet mature enough, both physically and

AoEJ: Academy of Education Journal

Vol. 14 No 2 Tahun 2023

1266

psychologically. According to Hengki (2022) , young marriage means teenage marriage

which from an age perspective is still insufficient, where in Law Number 16 of 2019

concerning the age of marriage, the maximum age for young marriage for both men and

women is 19 years. At this level, early marriage is specifically discussed with a legal review

and supported by psychological arguments. Early marriage has been studied for a long time

but has experienced massive development. This can be clearly seen from the changes to Law

no. 1 of 1974 with Law no. 16 of 2019.

Nowadays, it cannot be denied that early marriage is very common in Indonesia.

Marriage has a high essence both from a religious and social perspective. Ironically, the

context of the marriage ritual is still not deeply absorbed among some Indonesian teenagers.

As evidence, the author has attached the divorce rate in the introduction and the majority of

the plaintiffs are young couples. Some of the problems regarding early marriage are

unregistered marriages. Even though religion considers unregistered marriages to be a valid

act of worship, according to the state, unregistered marriages are not recognized as legal

marriages. Then another problem faced by the Indonesian people in the alternative context

of early marriage is the age dispensation and marriage isbat.

Early marriage is a trend nowadays, especially in Indonesia. Reporting from VOA

(2022) , referring to data from the Supreme Court, the number of early marriage

dispensations in 2019 reached 65,301, much higher than in 2020 which was only 25,281.

This problem has given rise to a new contemporary phenomenon in Indonesian society.

Basically, this phenomenon has been anticipated by the Indonesian government. Initially,

the law regarding the age of marriage in 1974 was set at 16 years for women and 19 years

for men. With various considerations, under President Joko Widodo's administration the

marriage age for women and men was changed to 19 years. This regulation aims to reduce

the overpopulation of Indonesia's population. Apart from that, early marriage gives rise to

many new problems in society. As a comparison, field survey data shows that divorce in

Indonesia in 2020 amounted to 291,677 cases and increased in 2021 to 447,743 cases

(Komnas, 2022) .

To emphasize the above phenomenon, divorce data shows that the majority of divorce

plaintiffs are couples who married at an early age (Dedoe, 2020) . On Generally, couples

who marry at a young age still do not have good mental maturity. Therefore, there needs to

be more emphasis and deeper socialization regarding the essence of marriage. The lack of

educational contact among teenagers has led to widespread marriage at an early age. This is

made worse by the channelization of several religious leaders who always explain the

AoEJ: Academy of Education Journal

Vol. 14 No 2 Tahun 2023

1267

wisdom of the marriage ceremony itself. Teenagers who consume lectures on early marriage

only want to fulfill their biological needs. This can be clearly seen from several social

experiments of young couples who say that the purpose of marriage is to avoid adultery.

The problems that the author describes above are actually related to one another. Siri

marriage (marriage without involving KUA) causes many problems for subsequent

offspring. Marriages that are not registered by the state will not be able to identify marital

status and so on. This unregistered marriage ultimately gave rise to marriage isbat and age

dispensation. The reason is that children from early marriages will not be able to be

registered as legal citizens because the children's parents were married illegally. The reasons

young couples get married show that they do not understand the essence of marriage itself.

Statements made by young couples about getting married actually dwarf the value of the

ritual of marriage itself. This shows that the wisdom of marriage explained by religious

leaders has not touched the true substance and essence.

RESEARCH METHODS

This research is qualitative with a normative juridical approach. The author's approach

is to collect material, compile literature studies, analyze data and draw conclusions. This

research was conducted at the Religious Affairs Office located at Jalan Perintis Independen

No. 2, Klumpang KB. Hamparan Perak District, Deli Serdang Regency, North Sumatra,

Postal Code 20374.

The author collected primary data through interviews and observations (Sugiyono, 2014) .

Meanwhile, for secondary data the author uses literature review (Creswell, 2014) . Once collected,

the author will conduct a content analysis to describe the climate of early marriage (Cohen et al.,

2017) . According to Moeloeng (1998) , content analysis is a procedure for optimizing procedures to

make a valid conclusion. Furthermore, Holsi in Moeloeng defines it as any technique used to draw

conclusions through an effort to discover the characteristics of the message and is done objectively

and systematically (Weber, 2017).

RESULTS AND DISCUSSION

The word marriage is mentioned in the Qur'an 23 times with various changes (Baqi,

1994) . In QS al-Nur verse 32 there is a suggestion to get married because the beginning of

the verse begins "marry" which is understood as a command sentence. The essence of this

verse is that marriage is a form of worship that can prevent humans from heinous behavior

(Hamka, 1983) . Unfortunately, marriage is understood by most people only as a ceremonial

AoEJ: Academy of Education Journal

Vol. 14 No 2 Tahun 2023

1268

form so that the substantive values in marriage are not fully internalized. Current problems

show that early marriage gives rise to various problems, so the government is revising the

marriage age regulations through the constitution.

Generally, marriage in Islam is much more essential than simply marrying two

individuals. Apart from that, Islam also teaches that marriage must be based on love,

affection and mutual understanding between the two partners. Therefore, early marriages

carried out without the agreement of both parties and only because of pressure from the

family or surrounding community, can cause unhappiness and even domestic violence. In

Islam, marriage is also considered a form of worship that must be carried out with full

responsibility and awareness. Therefore, before deciding to get married, both partners must

make thorough preparations, both in terms of religion, physical, mental and financial.

In this research, the author obtained data on early marriages from the Religious Affairs

Office (KUA) in Hamparan Perak District. The data that the author collected is as follows:

Table 1. Data Visualization After Changes to the Marriage Age Law (2020)

From the data tabulation above, it can be seen that there are no couples who married

beyond the regulatory age of Law no. 16 of 2019. This data shows that in Hamparan Perak

District there are no substantive marriage age problems because registration shows the

marriage age of couples in accordance with the applicable law. The urgency of implementing

the new regulations is well understood by the KUA of Hamparan Perak District, because the

AoEJ: Academy of Education Journal

Vol. 14 No 2 Tahun 2023

1269

KUA provides guidance and advice to prospective brides and grooms so that divorce does

not occur.

Apart from that, there is guidance regarding household divisions so that they do not

lead to divorce. KUA Hamparan Perak took the initiative so that divorce is not the final

destination of a dispute. This latest regulation is seen as a positive trend by the KUA so that

early marriage and various other problems do not continue.

Table 2. Data before changes to the Marriage Age Law (2017)

The change in the law regarding the age of early marriage is considered effective

because from the data before and after the change in the law, there is a decrease in the number

of marriages outside the regulations which looks very biased. The author assumes that the

change in marriage age is to avoid early marriage. At this level, early marriage is one of the

factors in divorce between husband and wife due to instability and psychological immaturity.

Unfortunately, the author found two pairs of husband and wife who married outside

the regulatory age, namely MR and PZ, then PP and R (the names of the sources are only

initials to maintain identity confidentiality). Both couples admitted to having an unregistered

marriage because their marriage age was outside the applicable regulations. The interview

data that the author conducted is as follows:

AoEJ: Academy of Education Journal

Vol. 14 No 2 Tahun 2023

1270

Table 3. Tabulation of Interview Results

Theme

Is changing the

marriage age an

urgency?

It's not very

important

because it's

not urgent.

Depends on

which way you

look at it.

However, the

set age must be

reviewed.

It is

necessary,

but there

must be some

special

exceptions.

It is necessary,

but this age is not

yet substantive

because there are

no exceptions

yet. The law

should

accommodate the

interests of

society at large

What impact will

there be after the

change in the

marriage age law?

According to

this source,

the impact

that occurs is

the number

unregistered

marriages,

The number of

unregistered

marriages is

massive.

The rate of

underage

marriage is

much

reduced.

Because the rate

of underage

marriage is

decreasing, there

will be a potential

for divorce

degradation. So

the impact is

quite significant.

Can this

regulation reduce

the number of

early marriages?

It can be

suppressed,

but there will

be many

marriages

that are not

legal

according to

state

regulations.

It can be

suppressed, but

increases the

number of

unregistered

marriages. So

it's less

substantive.

Of course,

because

marrying

outside the

stipulated

age will be

difficult.

Quite effective in

reducing the rate

of early marriage.

Because of the

lengthy

bureaucratic

problems

involved in

getting married

outside the

provisions.

PZ suggests that the regulatory age should be reviewed in the light of specific

exceptions. The reason is, PZ and MR married to avoid adultery with good intentions.

Regulations make it difficult for the good intentions of some young prospective couples to

perfect their religion. On the other hand, PP stated the same thing. Regulations should

impose several special exceptions in view of the urgency of marriage itself. This regulation

is considered not substantive because the age of marriage does not have to be limited. Getting

married is a ritual that requires the ability of both prospective bride and groom so that the

age of marriage is very subjective and cannot be limited by regulations.

General Impact of Changes to the Early Marriage Law in Hamparan Perak

Viewed from a beneficial perspective, we can see the impact resulting from changes

to Law no. 16 of 2019 is reproductive health. Women aged 19 years have the right to health

and safety in childbirth. However, from a medical perspective, the age of 19 years is not

AoEJ: Academy of Education Journal

Vol. 14 No 2 Tahun 2023

1271

appropriate because generally women aged 20 years are still vulnerable to medical

complications, miscarriage and are at risk of death after childbirth.

In Bahriyah (2021) , from a psychological perspective there are several tendencies that

influence early marriage, including:

1. Economy

• Economic factors greatly influence early marriage. Not a few cases of early marriage

are caused by forced arranged marriages in order to take responsibility away from

their children. Even though there is no law that regulates this problem, in the end

there are misconceptions about marriage.

• As a result of the problems the author describes above, some consider marriage to be

a shortcut in improving the economy. This is in line with low education as the author

explains in the next point.

2. Low Education. Low education means that the essence of the marriage ritual is not

properly and correctly internalized. In line with economic factors, education also

influences early marriage. Due to low education, parents who match their children at an

early age cannot provide a good understanding of household relationships.

3. Implementation of health programs is inadequate. A number of service providers

highlighted the fact that it was difficult to reach the community. The reason is, many

people do not attend some of the health programs organized by the government. Some

reasons include lack of knowledge, inability to leave the house and distribution of

transportation. Therefore, a competent strategy is needed to be able to reach teenagers.

Maintain honor

4. Cultural and religious values

• In some cultures there are cultures that specialize in the ritual of marriage. Indonesia

itself is known as a cultural nation, so marriages caused by the culture of an ethnic

group cannot be avoided.

• Apart from that, there are also certain religious tendencies in marriage. It cannot be

denied that one of the religions that contribute to young couples is Islam itself. This

is because of the sacredness of the marriage ceremony itself. However, counseling

regarding religion and marriage never touched on anything substantial.

5. Losing a parent. Psychologically, losing parents is a factor in early marriage. In several

case studies, children who live without parents or with single parents tend to marry

early. This happens because the partner experiences psychological loneliness because

AoEJ: Academy of Education Journal

Vol. 14 No 2 Tahun 2023

1272

their parents have abandoned them for a long time. Couples hope that marriage can fill

the void in their lives that their parents have left behind.

6. There is no doubt. The lack of sanctions for early marriage is thought to be one of the

factors causing the rise in early marriage. The ease of age dispensations and other things

make early marriage seem like a less big problem.

7. Sexual needs. Early marriages that do not touch on substantial values only use sexual

needs as a reason for marriage. Basically marriage involves many aspects other than

biological aspects. Finally, many early marriages are based on religion and avoid

adultery.

Effectiveness of Changes to the Early Marriage Law in Hamparan Perak

Early marriage law in Indonesia is regulated in Law Number 16 of 2019 concerning

the Second Amendment to Law Number 1 of 1974 concerning Marriage. Some of the

relevant provisions in this law are as follows:

First, Minimum Age: The law sets the minimum age for marriage in Indonesia. Article

7 paragraph (1) states that the minimum age for marriage is 19 years for men and 16 years

for women. However, in certain situations, with permission from a religious judge, the

minimum age can be lowered to 16 years for men and 13 years for women. Second,

Permission from Parents or Guardians: Article 7 paragraph (2) states that those who have

not reached the minimum age for marriage must obtain permission from their parents or legal

guardians. This permission is obtained through a Marriage Permit Certificate (SKIP) issued

by the marriage registrar.

Third, Consultation and Approval: Article 7 paragraph (3) regulates that before

granting a marriage permit to a child under the minimum age, the marriage registrar must

consult and obtain consent from the child and their parents or guardians. Fourth, Restrictions

on Freedom: Article 7B states that children who have not reached the minimum age for

marriage have an obligation to continue their education and must not be forced to have sexual

relations during marriage. Fifth, Violations: The law also stipulates sanctions for those who

violate the provisions on early marriage. Article 82 paragraph (1) regulates that violations of

the minimum age provisions for marriage can be subject to criminal sanctions in the form of

imprisonment and/ or fines.

It should be noted that this law views early marriage as a serious problem that can have

a negative impact on children's development. The main aim of this law is to protect children

and ensure that they receive optimal education and development before marriage. The author

believes that the early marriage law is an urgency that must be implemented. From the results

AoEJ: Academy of Education Journal

Vol. 14 No 2 Tahun 2023

1273

of the author's research, it can be assumed that changes to the early marriage law are effective

in Hamparan Perak District, Deli Serdang Regency. This is shown by the KUA Hamparan

Perak records which indicate that the rate of early marriage has decreased. This explanation

indicates the effectiveness of changes to the early marriage law in Hamparan Perak in

accordance with government regulations and expectations.

Even though there are several arguments, this regulation must be analyzed from a

positive side considering that the large number of divorces in Indonesia is caused by

immature psychology. This regulation does seem subjective, however the establishment of

this regulation is considered very urgent and pressing considering that the divorce rate in

Indonesia often starts from trivial problems and is resolved emotionally.

CONCLUSION

Material: Through the explanation above, it can be concluded that the regulatory

changes that occurred in Hamparan Perak were effective because there was no data recording

regarding couples who married outside the regulatory age. This shows that the regulatory

changes made by the government are appropriate and right on target. On the other hand,

there is not much of an early marriage phenomenon in Hamparan Perak District. The author

only found two couples who married outside the regulatory age for several quite rational

reasons. Changes in regulations still have pros and cons among couples who want to get

married. This regulation is considered not substantive because the age of marriage should

not be limited by regulations. Therefore, the author suggests that the government review

existing regulations by adding several special exceptions depending on the urgency. This

research is only on a sub-district scale and would be very interesting if it were continued at

a wider level.

BIBLIOGRAPHY

Arsyad, A. (2020). Evolution of the Social Problem of Siri Marriage: Reconceptualization

of Marriage Law in Islam. Sipakalebbi Journal , 4 (1), 306–331.

https://doi.org/10.24252/jsipakallebbi.v4i1.14600

Bahriyah, F., Handayani, S., Wuri Astuti, A., DIII Midwifery, P., Midwifery Indragiri

Rengat, A., Yogyakarta Health Sciences College, S., Health Sciences University, F., &

Yogyakarta, A. (2021 ). Experience of Early Marriage in Developing Countries:

Scoping Review. Journal of Midwifery and Reproduction , 4 (2), 94–105.

Baqi, M. F. A. (1994). al-Mu'jam al-mufahras li-alfaz al-Qur'an al-karim (4th ed.). Daar al-

Fikr.

AoEJ: Academy of Education Journal

Vol. 14 No 2 Tahun 2023

1274

Cohen, L., Manion, L., & Morrison, K. (2017). Research Methods in Education. In Research

Methods in Education . https://doi.org/10.4324/9781315456539

Creswell, J. W. (2014). Research-Design-Creswell-Chapter-I.Pdf. In Research Design .

Dedoe, A. (2020). Exploring Solutive Interventions and Policy Alternatives to Local

Demographic Problems. Journal of Political Issues , 2 (1).

https://doi.org/10.33019/jpi.v2i1.20

Ministry of Education. (2008). Big Indonesian Dictionary Fourth Edition. In PT. Gramedia

Pustaka Utama (Vol. 4, Issue 3).

Haidi Nurfadilah, I., Dewi Pertiwi, F., & Noor Prastia, T. (2021). Description of Early

Marriage in Pus (Couples of Childbearing Age) in Pasir Jaya Village, West Bogor

District, 2019. Promoter , 4 (4), 322. https://doi.org/10.32832/pro.v4i4.5599

Hamka. (1983). Tafsir al-Azhar . Panjimas Library.

Katsir, I. (1999). Tafsir al-Quran al-Adzim. In 2 .

Khaironi, M. (2017). Early Childhood Development. Hamzanwadi University Golden Age ,

01 (2), 82–89. https://doi.org/https://doi.org/10.29408/goldenage.v2i01.739

National Commission. (2022). Divorce cases in Indonesia are still rampant, this is the

reason . 2022.

Lexy J, M. (1998). Qualitative Research Methodology. In PT. Rosdakarya Youth .

Mutahar, A. (2005). Arabic - Indonesian Dictionary . Wisdom.

Pradana, HH, Prastika, SD, Mudawamah, N., & Yogi, R. (2022). Psychological Well-Being

in Early Marriage Couples in Blitar Regency . 12–23.

Priyanto, A. (2014). Developing Creativity in Early Childhood Through Play Activities.

Journal.Uny.Ac.Id , 02 .

Rahmatia, R., Pajarianto, H., Kadir, A., Ulpi, W., & Yusuf, M. (2021). Development of a

Constructive Play Model using Block Media to Improve Children's Visual-Spatial.

Obsession Journal: Journal of Early Childhood Education , 6 (1), 47–57.

https://doi.org/10.31004/obsessi.v6i1.1185

Shamad, MY (2017). Marriage Law in Islam. Istiqra' , 5 (1).

Shihab, MQ (2004). Tafsir al-Mishbah (2nd ed.). Heart Lantern.

Sugiyono. (2014). Quantitative, Qualitative and R&D Research Methodologies .

VOA Indonesia. (2022). Child Marriage Rate in Indonesia Drops to 9.23 Percent in 2021 .

https://www.voaindonesia.com/a/angka-perkawinan-anak-di-indonesia-turun-jadi-9-

23-persen-pada-2021-/6688135.html

Weber, M. (2017). Methodology of social sciences. In Methodology of Social Sciences .

https://doi.org/10.4324/9781315124445