KONTRADIKSI ANTARA BUDAYA DAN HUKUM TERHADAP NIKAH MUDA: TELAAH LITERATUR HUKUM DAN ANTROPOLOGI

Abstract

Indonesia ranks second highest in cases of child marriage in ASEAN, after Cambodia (Pratiwi & Syafiq, 2022). According to data from the Central Bureau of Statistics (BPS), the proportion of women aged 20–24 who married before the age of 18 still averaged 6.92% nationally in recent years. This figure is even higher than 17% in provinces like West Nusa Tenggara, highlighting the cultural strength behind the practice of child marriage. This condition indicates a contradiction between the socio-cultural values present in society and the official legal rules that protect them. On one hand, the state issues policies to reduce the number of early marriages; on the other hand, society still adheres to customs and beliefs that legitimize child marriage. This situation is what causes legal policies at the local level not to always be well implemented. Therefore, the aim of this study is to gain a better understanding of the dynamics occurring between culture and law regarding early marriage. Additionally, this research also attempts to find ways of reconciliation so that child protection can be carried out while respecting local wisdom, in order to protect children's rights to education, mental well-being, and health. However, early marriage is considered to honor family, strengthen social bonds, or follow tradition in many places.