BEHIND CONCERNING PREVALENCE OF CHILDREN AGE MARRIAGE: STATE LAW VERSUS ADAT LAW

Abstract

Marriage is a form of legal event, so that it believed there is legal aspect that influences the high prevalence of children age marriage in Indonesia, including Bali. Marriage law that applies to adat society in Bali has pluralistic nature, because there are more than one legal system that apply on the same social field, which are state law system (national marriage law) and adat legal system (Balinese adat law). This study aim to review regulation of children age marriage on both system, are they synchronize or not? Method used is normative legal research method with statute approach and conceptual approach. This research rely on secondary data, both in form of legal source (primary and secondary) and non-legal source, that were gathered through literature search. Analysis was done with legal argumentation and reasoning techniques, like legal construction and interpretation. Result shown that there is no conformity in regulation of children age marriage in Indonesian legal system, neither on internal environment of national law, nor on dichotomy of state law and (Balinese) adat law. That’s why legal synchronization is needed to end or at least decrease the practice of children age marriage in Indonesia.