Legal Literacy - Early marriage remains one of the urgent problems in Indonesia. Law Number 16 of 2019, which changes the minimum age of marriage to 19 years for both men and women, aims to strengthen the protection of children from the negative impacts of early marriage. However, in many regions, especially in areas with a strong influence of customs, the practice of early marriage continues. This poses a serious challenge in the implementation of the law and highlights the need for synergy between national law and customary law in the prevention of early marriage.
Customary law is recognized in Article 18B paragraph (2) of the 1945 Constitution, which states that the state recognizes and respects customary law communities and their rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia. This constitutional recognition provides a strong foundation for customary law to continue to exist and play a significant role in regulating social relations in indigenous communities. However, in the context of early marriage, the application of customary law in some areas contradicts the principles of protecting children's rights that are recognized internationally, particularly in relation to the Convention on the Rights of the Child, which has been ratified by Indonesia through Presidential Decree No. 36 of 1990.
Child marriage, especially for girls, has broad consequences, both in terms of health, social, and legal aspects. Children who marry at a young age are at high risk of experiencing complications during pregnancy and childbirth, which can endanger the health of the mother and child. Socially, children who marry early often lose access to education and economic opportunities, which exacerbates the cycle of intergenerational poverty. From a legal perspective, early marriage violates the rights of children protected by various laws and regulations, including Law Number 35 of 2014 concerning Child Protection, which affirms the state's obligation to guarantee the optimal growth and development of children.
Customary law can actually play a constructive role in preventing early marriage, provided it is well managed and empowered to align with child protection norms regulated in national and international law. In some indigenous communities in Indonesia, there are norms that support delaying marriage until adulthood. For example, in some areas, customary law requires prospective brides and grooms to reach a certain age and meet the requirements of economic maturity and physical readiness before marrying. This shows that customary law, if formulated appropriately, can be an instrument that supports government efforts in delaying the age of marriage and protecting children's rights.
However, the challenge faced is that in many areas, customary law still allows child marriage, which is often driven by social, economic, and cultural factors. Pressure to maintain family honor, economic inability, and limited access to education are often the main drivers of early marriage practices. For this reason, a more inclusive approach from the government is needed, involving traditional leaders in the process of education and advocacy regarding the negative impacts of early marriage. Traditional leaders have a significant influence in shaping public opinion and can be effective agents of change if involved in efforts to prevent child marriage.
Collaboration between national law and customary law in preventing early marriage is very important. The government needs to formulate policies that not only tighten supervision of child marriage practices, but also ensure that these policies are accepted by local communities in a way that respects local customs. This approach must be dialogical, where the government and indigenous communities can work together to adapt customary norms to the principles of child protection. Experiences in several regions that have successfully integrated customary norms with child protection policies can serve as a model for other regions in Indonesia.
In addition to legal intervention, education must also be prioritized as a strategy for preventing early marriage. The government must ensure that children, especially in indigenous communities, have access to quality and sustainable education. Education provides a better understanding of children's rights and opens up economic opportunities that can reduce dependence on marriage as a solution to social and economic pressures. Thus, education is key to breaking the cycle of early marriage and improving the quality of life for children in indigenous areas.
In conclusion, customary law has great potential in preventing early marriage in Indonesia, provided that there are synergistic efforts between the government and indigenous communities to harmonize customary norms with recognized principles of child rights protection. The government must take a more dialogic and inclusive approach in formulating policies that involve customary leaders and promote education as an important instrument in prevention efforts. With these steps, Indonesia can reduce the rate of early marriage and ensure optimal protection for the younger generation.
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