Enforcement of Underage Marriage Law in Luwu Regency, South Sulawesi

This study aims to examine the enforcement of underage marriage laws in Luwu Regency. This descriptive qualitative study uses a normative-empirical approach to interview, observation, and documentation methods. The results show that the reality of underage marriages in Luwu Regency is influenced by weak public awareness, lack of serious government supervision or education, and factors such as free association, tradition, family economic background, and patriarchal views. Underage marriage practices based on cultural reasons are subject to a criminal penalty of up to 9 years as outlined in Law No. 12 of 2022 on Sexual Violence Crimes, Article 10, Paragraph (1) and (2). The enforcement of underage marriage follows the legal framework of Law No. 16 of 2019, considering the minimum marriage age, and the Supreme Court Regulation No. 5 of 2019 regarding guidelines for adjudicating marriage dispensation requests. Substantively, underage marriage, from a traditional perspective, aims to preserve lineage rather than prioritize material concerns.

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Publication Details

Journal
Al-Mujtahid Journal of Islamic Family Law
Published
2024-12-30
DOI
https://doi.org/10.30984/ajifl.v4i2.3067
Primary Topic
Marriage and Family Dynamics
Type
article
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article

Enforcement of Underage Marriage Law in Luwu Regency, South Sulawesi

Muhammad Nur, Andi Sukmawati Assaad, José Gómez, Kamal Kahatib
Al-Mujtahid Journal of Islamic Family Law
Marriage and Family Dynamics
article

Enforcement of Underage Marriage Law in Luwu Regency, South Sulawesi

Muhammad Nur, Andi Sukmawati Assaad, José Gómez, Kamal Kahatib
article en

Abstract

This study aims to examine the enforcement of underage marriage laws in Luwu Regency. This descriptive qualitative study uses a normative-empirical approach to interview, observation, and documentation methods. The results show that the reality of underage marriages in Luwu Regency is influenced by weak public awareness, lack of serious government supervision or education, and factors such as free association, tradition, family economic background, and patriarchal views. Underage marriage practices based on cultural reasons are subject to a criminal penalty of up to 9 years as outlined in Law No. 12 of 2022 on Sexual Violence Crimes, Article 10, Paragraph (1) and (2). The enforcement of underage marriage follows the legal framework of Law No. 16 of 2019, considering the minimum marriage age, and the Supreme Court Regulation No. 5 of 2019 regarding guidelines for adjudicating marriage dispensation requests. Substantively, underage marriage, from a traditional perspective, aims to preserve lineage rather than prioritize material concerns.

Al-Mujtahid Journal of Islamic Family LawVol. 4(2)
Openalex Percentile: Top 52%
Marriage and Family Dynamics
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Enforcement of Underage Marriage Law in Luwu Regency, South Sulawesi — Muhammad Nur, Andi Sukmawati Assaad, et al. · Al-Mujtahid Journal of Islamic Family Law (2024) | TGRS Research Map | TGRS