TY  - THES
N1  - Prof. Dr. Euis Nurlaelawati, M.A. dan Prof. Dr. Ali Sodiqin, M.Ag
ID  - digilib78971
UR  - https://digilib.uin-suka.ac.id/id/eprint/78971/
A1  - Vita Fitria, NIM.: 19300016105
Y1  - 2026/08/19/
N2  - The determination of the minimum marriage age for Muslims in Indonesia is not merely a matter of administrative regulation, but rather an arena of contestation between state legal unification, religious norms, and local traditions. For more than four decades, Law Number 1 of 1974 legitimized the inequality of age limits that perpetuated the patriarchal status quo. The policy change dynamics toward Law Number 16 of 2019 did not occur in a vacuum; they were the result of a long dialectical journey between civil society pressure, constitutional legal rationality, and the strong fortress of socioreligious conservatism. This research employs a socio-legal-political approach with qualitative methods based on library research supported by field data. Analysis is conducted using three complementary theoretical frameworks: (1) social change theory (Durkheim and Soekanto) to explain the context and direction of value shifts in society; (2) legal change theory (Lawrence M. Friedman and Roscoe Pound) to analyze legislative reform mechanisms, legal response dynamics, and implementation effectiveness; and (3) resistance theory (James C. Scott and Talcott Parsons) to identify obstacles, forms of rejection, and societal adaptation strategies toward new policies. This research yields four main findings. First, the dynamics of family law development and marriage age regulation in Indonesia proceeded as a long responsive process, from post-independence evolution to the amendment of Law No. 16 of 2019 as a manifestation of law responding to social pressure, gender equality demands, and international commitments. Second, criticism of the minimum marriage age was systematically conducted by civil society, advocacy institutions, and constitutional mechanisms through the Constitutional Court maqas?id al-syari?ah, culminating in Constitutional Court Decision No. 22/PUU-XV/2017 which prompted the legislative revision. Third, resistance to the policy of increasing the minimum marriage age is multi-layered: ranging from rejection based on rigid cultural and religious identity, situational negotiation, to exploitation of the legal loophole of marriage dispensation. Fourth, following the enactment of Law No. 16 of 2019, child marriage rates recorded a decline, yet substantive legal implementation faces a gap between law in books and law in action caused by the unchanged legal culture of society.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - batas minimum usia perkawinan; dinamika kebijakan;
resistensi sosial; Undang-Undang Nomor 16 Tahun 2019.
M1  - doctoral
TI  - USIA PERKAWINAN BAGI MUSLIM DI INDONESIA: DINAMIKA KEBIJAKAN DAN RESISTENSI TERHADAP PERUBAHAN BATAS MINIMUM USIA PERKAWINAN
AV  - restricted
EP  - 397
ER  -