BALANCING TRADITION AND LAW: ADDRESSING CHILD MARRIAGE IN WEST NUSA TENGGARA, INDONESIA

Child marriage is a serious issue in Indonesia, particularly in the Province of West Nusa Tenggara (Nusa Tenggara Barat/NTB), where it has been justified by the local tradition of ‘Merarik.’ In response, the Regional Regulation of West Nusa Tenggara Province Number 5 of 2021 concerning the Prevention of Child Marriage has been issued; however, it has not significantly decreased the rate of child marriage. Utilizing doctrinal and socio-legal methods, this study explores the justification for such regulating as well as the opportunities and challenges encountered when this regulation conflicts with local customs. The study reveals that the regional regulation should be tailored to specific socio-local conditions. Successful implementation of this regulation depends on the involvement of stakeholders, such as traditional leaders, academics, and the community. Although this regulation constrains customary law, such restrictions are required from a sociological jurisprudence perspective for practical benefits. Furthermore, the "merarik" tradition within the Sasak ethnic community can continue to be practiced without violating the established legal age for marriage. This serves as a valuable lesson on how law as social engineering can be examined in the modern Indonesian context.