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117 J.L. Pol'y & Globalization 1 (2022)

handle is hein.journals/jawpglob117 and id is 1 raw text is: ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.117, 2022 lash Legal Consequences of Underage Marriage (Case Study of Elopement of Bajau Tribe in Lagasa Village, Muna Regency) La Ode Munawir, Suriani B. Tolo, Yaya Alfia Faculty of Law, Southeast Sulawesi University Abstract Marriage Law in Indonesia is regulated through Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. Through this Law, the provisions of the general public, Article 7 (1) Marriage is only permitted if the man and woman have reached the age of 19 (nineteen) years. (2) In the event that there is a deviation from the age provisions as referred to in paragraph (1), the parents of the male and/or female parents may request a dispensation from the Court on the grounds that it is very urgent, accompanied by sufficient supporting evidence. However, in reality in the community, especially in the village of Lagasa, Muna Regency, there are other phenomena that are contrary to the law on underage marriage, this research uses the empirical legal research method. have not met the applicable legal requirements, other legal consequences of course from unregistered marriages have implications for the civil rights of wives and children later in life. Keywords: Marriage, Minors, Lagasa Village DOI: 10.7176/JLPG/ 117-01 Publication date: January 31st 2022 1. Introduction Philosophically, according to the law on child protection, children are buds, potentials, and the younger generation who succeeds in the ideals of the nation's struggle, has a strategic role, characteristics, and special characteristics so that it must be protected from all forms of inhumane treatment that result in violations of human rights. So that the marriage below must be prevented and not allowed to continue to occur in the community. However, in reality underage marriage in ancient times until today is still a lot going on. However, in the case that underage marriages are forced to be carried out, the marriage law still provides the possibility of deviations. 1 This is regulated in Article 7 paragraph (1) Marriage is only permitted if the man and woman have reached the age of 19 (nineteen) years. (2) In the event that there is a deviation from the age provisions as referred to in paragraph (1), the parents of the male and/or female parents may request a dispensation from the Court on the grounds that it is very urgent, accompanied by sufficient supporting evidence.2 And this is given to avoid unwanted things in children such as adultery and others.3 From this age limit, it can be interpreted that Law Number 1 of 1974 does not require the implementation of underage marriages which have been determined by Law Number 1 of 1974. Underage marriage is not something new in Indonesia. This practice has been around for a long time with so many perpetrators. Not in the big city, not in the interior. The reasons also vary, due to economic problems, low education, cultural understanding and certain religious values, and so on.' Lagasa Village, Duruka Subdistrict, Muna Regency, Southeast Sulawesi, the majority of which are Bajau people with the majority of their livelihoods being fishermen who almost every month have a pair of children who elope (silayyang) where they always do silayyang (elopement) during the middle of the full moon or in the middle of the full moon. when the fishermen take a break from doing work as sailors.5 the phenomenon of elopement very often occurs in the Bajau tribe of Lagasa Village which is usually caused by several educational factors where almost most of those who elope are children who have dropped out of school or who have never attended school whose daily activities are only playing and participating in earning a living as a source of income. fisherman; Economic factors where the parents of the man do not have enough money to propose to the girl who is the boyfriend of the boy, the factor of the parents or family of the woman does not approve of her daughter's relationship with the man who is her child's lover so that both partners they do silayyang so that they are not ' Zulfiani, Kajian Hukum Terhadap Perkawinan Anak Di Bawah Umur Menurut Undang-Undang Nomor 1 Tahun 1974, Jurnal Hukum Samudra Keadilan Volume 12, Nomor 2, Juli-Desember 2017, Hlm 212 2 Lihat Undang-Undang Republik Indonesia Nomor 16 Tahun 2019 Tentang Perubahan Atas Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan 3 Zulfiani, Op, Cit., hlm 212. 4Ibid s Yaya Alfia, dkk, Perspektif Hukum Adat Kawin Lan (Silayyang) Suku Bajau Di Desa La Gasa Kabupaten Muna, Jurnal Hukum UNISSULA Volume 37 No. 1, Mei P-ISSN: 1412-2723, Hlm 26 1 Journal of Law, Policy and Globalization I-- iste.or,

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