PERNIKAHAN USIA DINI MENGAKIBATKAN PENELANTARAN HAK-HAK ANAK DI TINJAU DARI UU NO.1 TAHUN 1974 PASAL 7 AYAT 1 TENTANG PERKAWINAN JUNCTO UU NO.23 TAHUN 2002 PASAL 1 AYAT 2 TENTANG PERLINDUNGAN ANAK

Authors

  • Putri Nurul Siyami Fakultas Hukum, Universitas Pamulang
  • Devi Nurvianita Fakultas Hukum, Universitas Pamulang
  • Muhammad Rizki Juliant Fakultas Hukum, Universitas Pamulang

Abstract

The Birth of Law No. 1 of 1974 concerning marriage which reads that marriage only allowed if the man has reached the age of 19 and the woman has reached the age of 16 year. The determination of this age range is intended so that married couples are more responsive this law, observers of women and children filed a material review of this law and they stated that the age of permissibility of marriage stated in The marriage law has not reached maturity and is still in the school age range. With this early marriage resulted in violence against children, nonfulfillment of nutritional health, exploitation of children, lack of attention and affection for children, as well as divorce and domestic violence. Considering that one of the factors causing the neglect of children's rights is due to unpreparedness couples who marry at an early age. Even though based on Law No. 23 of 2002 concerning Child Protection Emphasizes that the responsibilities of parents, family, society, government, and the state is a series of activities that are carried out continuously for the sake of protection of several rights according to the Convention on the Rights of the Child which are categorized as follows: 1. The right to survival, 2. Right to protection, 3. The right to growth and development, 4. The right to participate. In principle child marriage brings many harms and not a few ends in divorce because of the social order of underage child marriage in consider something unusual. Based on this paradigm, among the efforts that can be made to protect children from being trapped in underage marriages, the act of child marriage in underage children must be seriously watched so that there is no violation of the rights of children.

 

 

Keywords: Early Marriage, Child Rights Convention

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Published

2023-03-23