THE IMPLEMENTATION OF ARTICLE 7 PARAGRAPH (1) AND (2) LAW NO. 1 YEAR 1974 CONCERNING MARRIAGE REGARDING THE PROCEDURE OF ‘DISPENSASI PERKAWINAN’ IN RELATION TO CHILD MARRIAGE IN CIKARANG

Abstract

Child marriages is a social phenomenon that commonly happens in all places. Child marriages occurs if the prospective bride and/or groom doesn’t fulfill the requirements of minimum age for marriage. In fact, marriage is permitted if the man reach the age of 19 years old and the woman 16 years old. Therefore, the existence of Article 7 paragraph (1) and (2) of Law No. 1 Year 1974, clearly has an impact to give permission for anyone who wants to do a marriage using Dispensasi Perkawinan procedure even though his/her age is not sufficient for the age limit set out in this article. This research is using the Juridical-Empirical method. This research is conducted using a field survey method along with the techniques of interview, observation, and library research. The aims of this research is to analyze the Child Marriage phenomenon seen from the Islamic Law perspective and to analyze the implementation of Article 7 paragraph (1) and (2) of Law No. 1 Year 1974.