Implementation Of Marriage Dispensation As A Manifestation Of Minors Protection (Study Of Decision Number 632/ Pdt. P/ 2012/ PN. BMS)
Implementation of Marriage Dispensation as a Manifestation of Minors Protection: A Study of Decision Number 632/Pdt. P/2012/PN. BMS
Introduction
The Marriage Law No. 1 of 1974 was enacted with the primary objective of preventing children's marriages, ensuring that the younger generation is emotionally and mentally prepared to build families. This law aims to prevent early divorce and guarantee that the resulting offspring are healthy and quality generations. However, despite the protection efforts through these regulations, the fact remains that there are still many underage marriages that occur. This raises various questions, such as the factors causing child marriage, the mechanism for submitting marriage dispensation, as well as analysis of judges' legal considerations in decision number 632/Pdt. P/2012/PN. BMS.
Factors Causing Minors Marriage
Research has identified various factors that contribute to minors marriage. Internal factors include the desires of the child himself, the situation of pregnancy out of wedlock, and the low level of education. Meanwhile, external factors involve pressure from parents, economic, cultural conditions, and tendencies to avoid adultery. Interestingly, the existence of addiction to pornographic content can also be a strong trigger for children to want to have a partner immediately. Therefore, it is very important for the community to understand the various factors that cause this phenomenon, so that the negative impacts that may be experienced by children can be minimized.
The Importance of Understanding Minors Marriage
Understanding the factors that contribute to minors marriage is crucial in developing effective strategies to prevent this phenomenon. By recognizing the internal and external factors that drive children to marry, we can develop targeted interventions to address these issues. For instance, providing education and awareness programs can help children understand the risks and consequences of early marriage. Additionally, supporting parents and caregivers in their role to prevent early marriage can also be an effective strategy.
Legal Protection and Marriage Dispensation
Legal protection for minors who submit marriage dispensation according to Law No. 1 of 1974 actually does not reflect a complete protection for the community. The low age limit allowed to get married actually opens a gap for more child marriages, provided they get dispensation from the court. On the other hand, the marriage law should be able to provide better protection and increase the minimum age limit for marriage to be in harmony with the Child Protection Act.
The Role of Judges in Marriage Dispensation
In decision number 632/Pdt. P/2012/PN. BMS, the judge gave consideration based on the argument and factual evidence submitted by the Petitioner. According to Article 26 paragraph 1 letter (c) of the Child Protection Act, parents have the obligation to prevent early marriage. This shows that not only children are the subject of protection, but also the role of parents is very important in maintaining children's growth and development.
Analysis of Judge Legal Considerations
The judge tries to balance the children's desires and the responsibility of parents, so that in some cases, despite prevention efforts, the child's right to marry a dispensation is still considered. This shows the ambivalence in the implementation of the law, where one side seeks to protect children, but on the other hand it allows minors marriage for various reasons that are considered urgent.
Conclusion
The phenomenon of minor marriage is a complex problem and requires attention from various parties. The community, the government, and legal institutions must work together to educate the public about the risks and consequences of early marriage. In addition, more stringent regulations related to the minimum age limit for marriage need to be reviewed in order to be able to protect the rights and welfare of children more effectively. Child protection efforts must be implemented thoroughly, with an approach that prioritizes the best interests for children in society.
Recommendations
Based on the findings of this study, the following recommendations are made:
- Education and awareness programs: Develop targeted education and awareness programs to educate children, parents, and caregivers about the risks and consequences of early marriage.
- Strengthening regulations: Review and strengthen regulations related to the minimum age limit for marriage to ensure that they are in harmony with the Child Protection Act.
- Supporting parents and caregivers: Provide support to parents and caregivers in their role to prevent early marriage, including education and counseling programs.
- Community engagement: Engage with the community to raise awareness about the importance of protecting children's rights and welfare.
- Collaboration between institutions: Foster collaboration between institutions, including the government, legal institutions, and non-governmental organizations, to ensure that child protection efforts are implemented effectively.
By implementing these recommendations, we can work towards preventing minors marriage and ensuring that children's rights and welfare are protected.
Frequently Asked Questions: Minors Marriage and Marriage Dispensation
Q: What is minors marriage?
A: Minors marriage refers to the marriage of individuals who are below the age of 18 years, which is the minimum age limit for marriage in many countries.
Q: Why is minors marriage a concern?
A: Minors marriage is a concern because it can have serious negative consequences for the child, including early pregnancy, health problems, and limited educational and economic opportunities.
Q: What are the factors that contribute to minors marriage?
A: The factors that contribute to minors marriage include internal factors such as the desires of the child himself, the situation of pregnancy out of wedlock, and the low level of education, as well as external factors such as pressure from parents, economic, cultural conditions, and tendencies to avoid adultery.
Q: What is marriage dispensation?
A: Marriage dispensation is a legal process that allows minors to marry with the permission of a court or other authority.
Q: Why is marriage dispensation a concern?
A: Marriage dispensation is a concern because it can be used to circumvent the law and allow minors to marry, which can have serious negative consequences for the child.
Q: What is the role of judges in marriage dispensation?
A: Judges play a crucial role in marriage dispensation, as they must consider the arguments and evidence presented by the parties involved and make a decision based on the law.
Q: What are the legal considerations that judges must take into account when considering marriage dispensation?
A: Judges must consider the Child Protection Act and other relevant laws when considering marriage dispensation, as well as the best interests of the child.
Q: What are the consequences of minors marriage?
A: The consequences of minors marriage can be serious and long-lasting, including early pregnancy, health problems, limited educational and economic opportunities, and increased risk of domestic violence and abuse.
Q: How can minors marriage be prevented?
A: Minors marriage can be prevented through education and awareness programs, strengthening regulations related to the minimum age limit for marriage, supporting parents and caregivers in their role to prevent early marriage, and engaging with the community to raise awareness about the importance of protecting children's rights and welfare.
Q: What is the importance of understanding minors marriage?
A: Understanding minors marriage is crucial in developing effective strategies to prevent this phenomenon, as it allows us to recognize the internal and external factors that drive children to marry and develop targeted interventions to address these issues.
Q: What are the recommendations for preventing minors marriage?
A: The recommendations for preventing minors marriage include education and awareness programs, strengthening regulations related to the minimum age limit for marriage, supporting parents and caregivers in their role to prevent early marriage, and engaging with the community to raise awareness about the importance of protecting children's rights and welfare.
Q: How can individuals get involved in preventing minors marriage?
A: Individuals can get involved in preventing minors marriage by supporting education and awareness programs, advocating for stronger regulations related to the minimum age limit for marriage, and engaging with the community to raise awareness about the importance of protecting children's rights and welfare.
Q: What are the next steps in preventing minors marriage?
A: The next steps in preventing minors marriage include implementing the recommendations outlined above, continuing to raise awareness about the importance of protecting children's rights and welfare, and working with governments and other stakeholders to strengthen regulations related to the minimum age limit for marriage.