Determination of Adult Status in Positive Law in Indonesia After Enacted Law Number 16 of 2019

Abstract

This study aims to examine and analyze the effect of determining adult status in Law No. 16 of 2019 against adult status in Islamic law and positive law in Indonesia. This research was conducted using a normative juridical approach with analytical descriptive specifications. Literature study was used to obtain the legal materials needed in this research. The legal materials that have been collected are then analyzed using hermeneutic analysis and interpretation methods. The results show that determining adult status is a preventive effort from the Government to avoid discrimination or prevent the deprivation of rights for children. Therefore, it is recommended that all parents continue to provide incentive supervision to their children until their children reach adulthood. In this case, the child avoids promiscuity so that there is no marriage by accident. In addition, it is recommended to the public not to carry out forced marriages and the practice of child marriage which is part of the Indigenous Peoples Law. Furthermore, it is suggested that the Indonesian Ulema amend the KHI, and the Government subsequently enacted it in laws and regulations.