LEGAL POLICY ADDITION OF THE MINIMUM AGE LIMIT FOR MARRIAGE IN LAW NUMBER 16 OF 2019 AND RELEVANCE WITH EFFORTS TO PRESS THE APPLICATION FOR MARRIAGE DISPENSATION

: This study aims to analyze the addition of the minimum age limit for marriage in law No. 16 of 2019 and its relevance to efforts to suppress requests for marital dispensation. This study used the library research method with a statutory and conceptual approach. The results of the study show that the formulation of changes to the minimum age limit for marriage in Law Number 16 of 2019 has implemented efforts to prevent early marriage. If viewed from the perspective of hikmatut tasyri', it contains an affirmation that the change represents the maintenance of maqashid sharia. Efforts to increase the minimum age limit for marriage are closely related to the impact of the surge in marriage dispensations received by the religious courts. The marriage dispensation actually applies to legal subjects who do not meet the minimum age criteria and if this minimum age limit is changed to a higher one, the relevance of the dispensation application will also increase. It can be seen that efforts to prevent early marriage are realized in the implementation of the minimum age limit, but the agenda of minimizing dispensation is the responsibility of justice enforcers, namely the panel of judges. Considerations given in the marriage dispensation judicial process are expected to prioritize physical, mental, sociological, and economic conditions.


INTRODUCTION
As social beings, humans will always need other humans to fulfill their daily needs.One of them realizes the continuity of offspring to create social relations built from the household through marriage.Marriage itself is intended to form a happy and eternal family based on Belief in the One and Only God.Marriage is understood as an act of worship, just like prayer and pilgrimage, which have their terms and conditions.Marriage is a sunnah worship that the Qur'an and Hadith prescribe because it aims to obtain offspring to protect the Islamic religion and maintain self-respect, inner peace, and joy in the heart.(Basyarahil, 2004).However, there is no absolute age limit stipulated in Islamic law; the state, which has the authority to formulate laws and regulations, must consider the benefit of society from various aspects in adjusting individual situations and conditions.In Indonesia's system of laws and regulations, the requirements for legal subjects so that the state recognizes their marriage must comply with the provisions of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage.Among them is the stipulation of a minimum age limit which has led to many requests for dispensation for marriage as a relief, in addition to setting a higher age limit, namely 19 years than before, to establish the readiness of the prospective bride and groom.This the position of minors tends to be less able to aspire to civil, political, social and cultural rights, the more out of control child marriage is, even though the impact that will be caused is a risk to physical and mental conditions.
In fact, the renewal of the  (Heryanti, 2021;Ilma, 2020;Juneldi, 2020;Nasution, 2019); (2) focus on analyzing its effectiveness (Alghifari et al., 2021;Amri & Khalidi, 2021;Halilurrahman, 2021;Kurniawati, 2021;Mahmudah et al., 2022;Yulia & Amanda, 2021); (3) focus on the sociological review (Lathifah, 2021;Luthfi, 2022;Magfiratun, 2020) In general, the research design can be described as follows: The maturity criterion is the main basis for legal subjects being able to carry out and be accountable for their actions so that a minimum age limit regulation is stipulated along with criteria for a person's ability in each statutory regulation.(Muhammad, 2010) an, and all aspects of child protection that will be examined further in the analysis network.
To understand the urgency of changing the minimum age limit for Marriage, the perspective of legal politics is used, which provides a series of   (Umar, 1985).As the word of God. in the Qur'an:  prohibitions.(Sudarsono, 1992).In line with this, Christine S. T. Kansil defines dispensation as a stipulation stating that provisions do not apply to certain cases filed by a Petitioner.(Kansil, 2001).Meanwhile, according to assigning permits based on one's own initiative.(Lukman, 1996).This also change is aimed at upholding children's rights and guaranteeing the protection of the human rights of children.Previously, in Law No. 1 of 1974, the determination of the minimum age for marriage triggered the increase in the number of early marriages.Especially the issue of child marriage is still a challenge for the Indonesian state, which should be able to provide guarantees for children'of the consequences of enacting or creating a rule that encourages humans to be shackled or limited by the existence of a set of rules.So that, in this case, raises accountability for any rules that are violated.There is a Constitutional Court Decision Number 22/PUU-XV/2017 filed judicial review against Article 7 paragraph (1) because it is considered to take away the rights of the child as a guarantee of human rights in Article 28 B of the 1945 Constitution (1945 Constitution of the Republic of Indonesia).One of them is that the difference in the minimum age of marriage between women and men creates gender inequality that hinders the fulfillment of constitutional rights for minors.The guarantee given by the state in this article is that everyone has the right to form a family and continue offspring in a legal marriage, in which the state guarantees the survival of children in growing and developing, avoiding violence and discrimination.Moreover,

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Figure 1.Research design concepts and principles as an outline in formulating plans and discourse for carrying out a job, leadership, and steps to act in the field of law.(Syaukani & Tohari, 2013).In other words, what is the will of the state in imposing restrictions on the age of Marriage that have been amended in Law Number 16 of 2019 based on established rights and establish this rightThis terminology shows several main aspects in expressing the intention of changing the minimum age limit for Marriage from what goals the country will achieve, what methods or steps are taken, under what conditions the changes are made, and reviewing the pattern of changes in these policies can achieve goals or vice versa.(Rahardjo, 2013).The designation given to marriages carried out by prospective brides and grooms under 19 is said to be early marriages.Apart from the minimum age requirements for Marriage that are strictly regulated in the Marriage Law, the Child Protection Law enactment regulates parents' obligation to prevent all forms of conditions to avoid underage marriages.The affirmation of the UUPA embodies efforts to protect the rights of children who are still entitled to receive an education so that they are better prepared to form strong and competent individuals to face the maturation process.The vulnerability of minors is of particular concern for efforts to protect children through the minimum age limit for subjective reasons, namely the cost of recovery (recovery); the consequences of failure to provide child protection are very high; children have a direct influence on actions (action) or inaction (one-action) long term; children always experience separation or gaps in obtaining public services; children do not have the right to aspiration and power to influence the formulation of government policies; many children cannot get access to the protection and arrangement of children's rights; risk of child vulnerability to exploitation and abuse.(Supeno, 2010).This condition drives the existence of judicial review, which was once submitted to the Constitutional Court for review of Article 7 of Law Number 1 of 1974 concerning Marriage in the Constitutional Court Decision Number 22/PUU-XV/2017.Reviewing the law is one of the juridical foundations representing the improvement of human rights protection as guaranteed in Article 28B paragraph (1) of the 1945 Constitution of the Republic of Indonesia.This is because women who are still underage still need to be mature enough to be involved in their household affairs.The right to obtain an education as a form of self-development is expected to shape one's identity in the future, especially to prepare for Marriage.
and marry those who are single among you, and those who are eligible (to marry) from your male servants and your female servants.if they are poor, God will enable them with His grace.and Allah is All-Wide (His provision) and These verses explain that a person can be said to be eligible for marriage when he is old enough and is mature or mature.Islamic law, in the opinion of the scholars, does not prevent legal subjects from entering into marriage as long as they are mature and fit to marry.On the other hand, with the development of science and the increasingly complex social conditions of society, conditions of puberty alone are not enough to be assessed as a proper measure or able to deal with all household problems when married.Even though, the purpose of law formation, which is packaged as legal politics in Islamic religious teachings, is reconciled with the concept of wisdom embodied in form maqashidul ahkam.Every formulation of the law contains various benefits for all humankind.Likewise, along with the development of the times, human needs have also changed, and Islamic law, among others, is expected to be able to adapt stipulations based on the benefit of society in a responsive manner.This of course, means that apart from the enactment of Islamic law, the state puts forward the concept of welfare state will further reconsider, based on expediency, and correlate with hikmatut tasyri'.basis for changing the minimum age limit for marriage can reflect human values prioritizing balanced rights and obligations.Efforts to prevent discrimination are the main basis for positioning husbands and wives in the future, where injustice often occurs.This is influenced by the unpreparedness of the prospective bride and groom who depart from the age below the specified limit.Then from hifdzu also taking care of offspring, marriages that involve husband and wife have physical and mental readiness to form a better generation.The goal of protecting offspring will affect the future of a quality nation and uphold the honor of the Indonesian state.In addition, maintaining the relationship between husband and wife must also be considered as a support for the readiness of the prospective bride and groom.Suppose the prospective bride and groom understand each other's roles.In that case, a pattern of husband and wife relations is created that represents the term "Muasharah bil ma'ruf," which means treating partners in the best way, not hurting each other, setting sexual intercourse karma, and other rules ('Atiyyah, 2001).The recommendation from the BKKBN regarding the age of a person eligible to marry if it is formed in positive law has fulfilled the principle of maqashid sharia.Changes in the minimum age limit for marriage as an affirmation of efforts to accommodate five aspects of maqashid sharia to avoid mafsadah should even be refused to maintain religion, soul, mind, lineage, and property.These five

Figure 1 .
Figure 1.Chart of Comparison of Early Marriage Cases for Minimum Age Changes for Women in Marriage allows for the authority of the Panel of Judges to grant a request for a marriage dispensation that should be able to consider the following matters.(1) conditions that allow the right to be accepted by the applicant; (2) The juridical consequences that may arise from the decision to grant or reject the application for a dispensation/permit are related to the limitations of the applicable laws and regulations.In line with the concept of discretion, the Panel of Judges must understand the rules and values that live in society as the implementation of Law Number 48 of 2009 concerning Judicial Power.To resolve the case for the request for dispensation of marriage, the Panel of Judges is required to instill ten characteristics as written in the Code of Ethics and the Code of Conduct of Judges, including behaving in a fair, honest, wise, ).The aim is to provide guidance to the judges of the religious courts in handling requests for dispensation of marriage for minors through various considerations of child protection rights.The existence of this guideline applies to directing the considerations of the Panel of Judges in determining the ratification of a marriage dispensation, even though judges basically have discretionary powers ordiscretion.(Sibuea, 2010).If a consideration of the Panel of Judges makes use of discretion without prioritizing aspects of prevention from harm, then the change in the minimum age limit that has been specified in Law Number 16 of 2019 ends up far from being as effective as expected.Setting a minimum age limit for marriage should be able to reduce early marriage, but in reality with the existence of regulations governing marriage dispensation, changes to the minimum age limit are considered not to have any impact on the goal of minimizing early marriage.This can be seen from the aspect of the applicability of the law which should be accompanied by the legal awareness of the community which does not stop assessing the concept of dispensation and immediately fully supports all forms of relief for deviations from the minimum age limit for marriage.The practice of early marriage is closely related and cannot be separated from the economic motives of each prospective bride and groom.As reported by UNICEF, the majority of children living in remote and low-income rural areas are vulnerable to becoming victims of parents who want economic improvement after marriage.Although still unable to get out of the cycle of poverty (the circle of poverty), even worse than imagined.(Hanafi, 2011).Basically, regulations are formed/formulated/amended/updated, prioritizing the principle of achieving legal effectiveness when it has been ratified so that it applies in society.Especially the power of philosophical enforcement in aligning legal ideals with positive value in accordance with the nature of the rule of law to guarantee prosperity, order and justice.(Sidharta, 2013).The level of community compliance with the application of the marriage dispensation tends to be ignored due to the ease of submission which takes into account past events where adultery has already occurred.This means that the Panel of Judges will not be able to move again if the majority of the prospective bride and groom who apply for a marriage dispensation have committed adultery and become pregnant out of wedlock.The enforceability of the law between efforts to protect children and dispensation for marriage has changed completely far from the awareness of the community itself.The substance of the law appears to only apply textually, not accompanied by public awareness of theharm-that have not been faced due to early marriage.Existenceharmormafsadahwhich has the potential to be experienced as a result of the granting of a marriage dispensation request will cause a change in the legal nature of the sunnah of marriage to become makruh.Marriage can turn into makruh if the husband and wife do not have the ability to fulfill their respective needs according to their roles.Both in terms of biology, economics, and so forth.This possibility often occurs when the dispensation of marriage is still being granted without reviewing the aspects of whether or not the bride and groom are able to carry out their marriage.In fact, the teachings of is intended as a form of guarantee for the implementation and enforcement of regulations related to the prevention of child marriage, in addition to the enforcement of marriage dispensation.This program is determined as a form of placing public welfare, Achmad Bagus Syaefullah, M. Fauzan Zenrif, Burhanuddin Susamto | 60 including the government's main agenda in the formation of regulations.Efforts to deal with marital dispensation do not only stop at submissions or requests, but also deal with aspects of empowering minors.So, the mismatch between the nation's ideals of changing the minimum age limit and the discretion of the Panel of Judges to handle requests for dispensation from marriage has gone out of the context of the goals of child welfare, public order, and quality offspring that should be the nation's next generation.Therefore, if the enactment of laws and has shown binding power and is difficult to adjuststate from whichIt is the Panel of Judges who is obliged to review the eligibility of the applicant applying for a marriage dispensation.Accompanied by its authority in strengthening justice, benefit, and legal certainty in general courts.CONCLUSION From the results of the analysis described above, the authors can draw conclusions that the formulation of changes to the minimum age limit for marriage in Law Number 16 of 2019 has actually implemented efforts to prevent early marriage.Also included is a review ofhikmatut tasyri'contains an affirmation that the change in the minimum age limit represents protection againstmaqashid sharia.However, it is different when faced with the concept of dispensation from marriage as a response to not fulfilling the minimum age that has been raised to 19 years.Efforts to increase the minimum age limit for marriage are closely related to the impact on the increase in the dispensation of marriage received by the religious courts.This means that the dispensation for marriage actually applies because the legal subject does not meet the minimum age criteria, whereas if the minimum age limit is changed to a higher one, the application for dispensation will also increase.It can be seen that efforts to prevent early marriage are realized in the implementation of the minimum age limit, but the agenda of minimizing dispensation is the responsibility of justice enforcers, namely the panel of judges.The considerations given in the marriage dispensation trial process are expected to prioritize sociological and economic conditions, as well as physical and mental readiness in accordance with the recommendations of the BKKBN.In addition, recommendations or suggestions that can be determined by the author through the problems and answers indicate that the synergy between society, government and law enforcement needs to be improved again.This is because the public's view of the law and sociological conditions have not improved if the stakeholders (stakeholder) takes over the socialization process to encourage the level of effectiveness between law enforcement and its implementation related to public awareness