TINJAUAN YURIDIS TENTANG BATAS UISA NIKAH BERDASARKAN UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN

Abstract

Constitution Number one of 1974 concerning marriage has undergone
revisions or changes related to the rules for the age limit for marriage contained in
Article 7 paragraph (1), these rules are considered no longer relevant to conditions
in society. Therefore, the government set a new rule regarding the age limit for
marriage with the enactment of Constitution Number 16 of 2019 concerning
Amendments to Constitution Number 1 of 1974 about Marriage. The focus of this
research were the factors that influence of Constitution Number 16 of 2019 and
the legal impact caused by changes the Constitution.
This research is a normative juridical research that conceptualizes law as a
norm including values, positive law and court decisions. Legal materials were
collected by means of document studies and library research, namely by
combining primary, secondary and tertiary legal materials related to the age limit
for marriage based on Constitution Number 16 of 2019. The analysis of legal
materials was carried out by descriptive analysis, namely explaining or explain
what it is about a legal event or legal condition based on primary legal norms.
Based on the results of the research there were several influences from the
enactment of Constitution Number 16 of 2019 including: Philosophically, the
change in the age limit for marriage in Constitution Number 16 of 2019 is a
commitment of the state in realizing the life of the nation and state that is far from
treatment discriminatory. Sociologically, it is the government's effort to prevent
early marriage, but this determination is not accompanied by changes to the rules
regarding marriage dispensation. So, the number of applications for marriage
dispensation in the Religious Courts increase. Juridically, the change in the age
limit for marriage is a revision of the previous regulation which is considered
irrelevant with the current state of society. So, the current marriage age limit
based on Constitution Number 16 of 2019 is that marriage is only permitted if a
man and a woman have reached the age of 19 (nineteen) years. The legal impacts
arising from the amendment of Constitution Number one of 1974 to Constitution
Number 16 of 2019 concerning changes to the marriage age limit arise from
various aspects, including sociological aspects, philosophical aspects, juridical
aspects, health aspects and psychological aspects.
Key words: Age Limit, Constitution Number 16 of 2019