Mahendra, Mahastra Satria (2024) Perlindungan Hukum Terhadap Perkawinan Anak Di Bawah Umur Berdasarkan Undangundang Nomor 16 Tahun 2019 Di Wilayah Kota Payakumbuh, Sumatra Barat. Other thesis, Universitas Islam Riau.

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Abstract

Marriage is an important part of society and is often governed by religious norms, national laws, and customary practices. However, child marriage remains a prominent issue, especially in the Payakumbuh area of West Sumatra. This practice presents a dilemma, as on one hand, laws set a minimum age for marriage to provide legal protection for children. On the other hand, communities continue to practice child marriage for various reasons, including economic and sociocultural factors. This research focuses on two main issues: the licensing of child marriages under Law No. 16 of 2019 in Payakumbuh, and the factors driving child marriages in this area. The study aims to reveal the complexities between existing legal regulations and the socio-cultural conditions of communities that still tend to allow child marriage. The study employs an empirical legal approach with a descriptive nature to provide a comprehensive overview of the phenomenon of child marriage. Data collection was carried out through observations, interviews, and documentation involving KUA officials, child marriage participants, as well as traditional and religious leaders in Payakumbuh. Data analysis was conducted qualitatively with an inductive approach to draw conclusions based on the facts found in the field. The research results indicate that child marriages in Payakumbuh are still widespread, despite the minimum age requirement established by law. The main factors driving this practice are social and economic pressures, as well as a lack of public awareness of the health risks and legal implications of early marriage. In addition, the licensing process for marriage dispensations still permits child marriages, despite efforts by authorities to limit such cases.

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