ANALISIS YURIDIS STATUS PERDATA ANAK DILUAR NIKAH DITINJAU DARI HUKUM ISLAM DAN KUHPERDATA

Abstract

Promiscuity is a form of deviant behavior where the word "free" means crossing the boundaries of norms established by law or invisible norms created by society. According to the KBBI, the word promiscuity means the word establishing relationships with society. while the word free has the meaning of being free or not bound. So it can be concluded that promiscuity is a relationship with society that is loose or unbound. Indonesia is a country that has values ​​and norms based on religion, ethnicity, culture and gender. These norms limit a person's attitudes and behavior according to the rules that apply in society. Regarding promiscuity, this can lead to negative behavior or bad actions. The practice of early marriage is still rampant, even though The government has revised the minimum age limit for marriage in Indonesia to 19 through Law Number 19 of 2019, this research was conducted with the aim of finding out what child marriage is like in the analysis of Islamic Law, Customary Law, and Law Number 1 of 1974 , This type of research is normative. The definition of marriage is a contract because with this contract we can associate it. According to Abu Hanifah it is Wati 'akad not Wat'un (intimate relationship). Second, essentially marriage is a contract and majaz nikah is Wat'un (intimate relationship) in terms of language, and there are many arguments that show that marriage is a contract as described in the Koran and Hadith, including the word of Allah, This opinion is the most accepted or superior opinion according to the Shafi'yah and Imam Malikiyah groups. Third, the meaning of marriage is between the two, namely between the contract and Wati 'because sometimes marriage is interpreted as a contract and sometimes it means wat'un (intimate relationship). the relationship between the two parties of the bride and groom such as their siblings or their other families. Even in customary law it is believed that marriage is not only an important event for those who are alive, but also an important event for their departed ancestors. The spirits of the ancestors of both parties are also expected to bless the continuity of their household to be more harmonious and happy, since the state law which regulates marriage issues is enacted is Law Number 1 of 1974 concerning Marriage. is that the parties to the marriage have both body and soul matured. Must exist in a conscious state or in a state that is not forced. Therefore, in Law Number 1 Year 1974 the minimum age limit for marriage is determined. This is done so that marriage is not considered playing games. The provisions regarding the minimum age limit are contained in Chapter II Article 7 paragraph (1) of Law Number 1 of 1974 which states that “Marriage is only permitted if the male has reached the age of 19 years. and the woman has reached the age of 16 ”.