Youthful Choices, Legal Consequences: A Study of Underage Marriages in Kota Pari, Serdang Bedagai Regency, North Sumatera, Indonesia

Law

Marriage, as a sacred bond, signifies the union between two individuals. It is governed by Law No. 16 of 2019, which amended Law No. 1 of 1974. According to Article 7, paragraph (1), both men and women are eligible for marriage once they reach the age of 19. However, if they have not attained this age, the parents can seek dispensation through the court, as stated in paragraph (2). Despite the legal provisions, the persistence of underage marriages is evident throughout history. To address this issue, the amended law, aimed at reducing the alarming prevalence of child marriages, divorce rates, and domestic violence among young couples, has imposed stricter age restrictions. Nonetheless, it is important to acknowledge that in certain circumstances where underage marriages are necessitated, the law provides for dispensations. Notably, Law No. 16 of 2019, amending Law No. 1 of 1974 on marriage, does not explicitly outline the specific criteria or factors considered for granting marriage dispensations to minors. As a consequence, the Religious Court or the designated panel of judges evaluates each case individually, accounting for the unique circumstances presented. This approach reflects a governmental policy response to exceptional situations. To gain a comprehensive understanding of the underlying factors contributing to underage marriages, an in-depth research study has been undertaken, focusing specifically on the village of Kota Pari, Serdang Bedagai Regency. This study aims to provide valuable insights into the complex dynamics surrounding underage marriages.

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