Perkawinan di Bawah Umur di Kantor Urusan Agama (KUA) Kecamatan Alian Tahun 2023-2024

Abstract

The fact that there are still many children under 18 (eighteen) years of age who have entered into marriage. The factors causing this, such as promiscuity that has a negative impact, lack of understanding of the importance of quality education from parents, the community and the government, are very concerning. This can be seen from the accumulated data of the Religious Courts in Kebumen Regency that the marriage dispensation decisions in 2022 were 281 and decreased to 212 in 2023. Based on this, the authors formulate a problem, namely: First, what factors are behind the high number of underage marriages at the KUA of Alian District in 2022-2023. Second, how are the preventive efforts of the KUA of Alian District in overcoming the problem of underage marriage. Third, how is the review of Islamic Law and Law Number 35 of 2014 concerning Child Protection on underage marriage at the KUA of Alian District in 2022-2023.

The compiler uses the type of Archival Study, which is research conducted using data records stored in physical form or digital form. The data collection used the interview method to Mr. H. Sulkhani, S.Ag. as the head of the KUA of Alian District, then conducted documentation as a complement to the research data. The authors used an inductive qualitative method to analyze the research data.

The conclusions of this study are: First, the factors behind the high number of underage marriages at the KUA of Alian Subdistrict in 2022-2023 are promiscuity that leads to pregnancy outside of marriage, an unhealthy environment, low harmonization and education of children and parents, religious spiritual factors and limited involvement of the community in paying attention to child behavior. Second, preventive efforts to minimize the occurrence of underage marriage are carried out by the KUA of Alian District in collaboration with the child care network in the form of socialization to instill awareness in the community about the importance of education and a healthy environment for children. Third, according to classical Islamic law (fiqh), underage marriages at the KUA of Alian Subdistrict in 2022-2023 are valid because the pillars and conditions of marriage have been fulfilled and there is no explicit regulation on the minimum age of marriage. According to Indonesian positive law (Marriage Law (UPP) and Compilation of Islamic Law (KHI)), these underage marriages are not valid because they are contrary to / violate the Law, unless they have obtained a marriage dispensation permit from the Religious Court. According to Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection, underage marriages are invalid because they violate the Law where children under the age of 18 years old is still under the responsibility of parents / guardians / who are considered still unable to carry out the obligations and responsibilities of an adult.