LEGAL SYSTEM THEORY PERSPECTIVE ON CHILD MARRIAGE IN INDONESIA AFTER THE AMENDMENT TO THE MARRIAGE LAW

Purnomo, Agus (2022) LEGAL SYSTEM THEORY PERSPECTIVE ON CHILD MARRIAGE IN INDONESIA AFTER THE AMENDMENT TO THE MARRIAGE LAW. LEGAL SYSTEM THEORY PERSPECTIVE ON CHILD MARRIAGE IN INDONESIA AFTER THE AMENDMENT TO THE MARRIAGE LAW, 23 (2). pp. 228-250. ISSN 1858-4349

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Abstract

This article examines the ideality of the amendment to marriage law in preventing child marriage in Indonesia. This issue was studied using legal system theory proposed by Lawrence M. Friedman. Using this theoretical basis, child marriage after the amendment to the marriage law was studied in terms of the legal structure, legal culture, and legal substance. Thus, from methodological point of view, this article used a normative-empirical legal study, which examined the sources, structure, effectiveness, and efficiency of law using other scientific instruments. The results indicate that in terms of legal culture, the ideality of amendment to the marriage law must confront the strong tradition of kitab kuning that has become part of the society’s mindset. Meanwhile, in terms of legal substance, the absence of sanction for the involved parties is a loophole for child marriage prevention. However, in terms of legal structure, the Supreme Court Regulation No. 5 of 2019 that regulates case examination in marriage dispensation can be seen as a form of serious effort by legal authorities to anticipate the rise of child marriages

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