Harmonisasi Norma Kecakapan Melangsungkan Perkawinan Dalam Perspektif Hukum Perkawinan dan Perlindungan Anak

Abstract

This research aims to examine and analyze the regulatory framework that gives rise to normative conflicts concerning the legal capacity to enter into marriage from the perspectives of Marriage Law and Child Protection Law, as well as to analyze and evaluate the harmonization of norms carried out to align provisions on the capacity to marry. This study employs normative legal research with a statutory approach and a conceptual approach, using legal materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The collection of legal materials is conducted through document study techniques. Furthermore, the analysis of legal materials is carried out using a norm harmonization method based on the principles of legal preference in order to obtain legal certainty regarding existing normative conflicts, and is analyzed qualitatively using descriptive-analytical techniques. The results of the study indicate that the regulations causing normative conflicts regarding the capacity to enter into marriage within the perspectives of marriage law and child protection are found in Article 7 paragraph (2) of the Marriage Law, which regulates exceptions to marriage (marriage dispensation), while Article 26 paragraph (1) letter c of the Child Protection Law regulates the prevention of child marriage. The harmonization of norms to align provisions on the capacity to marry is conducted by applying the most appropriate legal preference principle, namely lex specialis derogat legi generalis, whereby the Child Protection Law takes precedence over the Marriage Law.