Juridical Review of Age Limitation for Guardians by Lineage (Analysis of Article 12 Paragraph (2) of the Minister of Religious Affairs Regulation Number 20 of 2019 on Marriage Registration)

Abstract

The guardian of the marriage in a marriage contract procession is a pillar of marriage that must be fulfilled. The marriage guardian regulated in the Regulation of the Minister of Religion Number 20 of 2019 consists of the guardian of the nasab and the guardian of the judge. The age of puberty in the guardian requirement in the regulation is considered irrelevant, this is if viewed in terms of the age of the criteria for puberty in the vulnerable age of 12-15 years is contrary to the provisions of adults in accordance with private law in Indonesia. This study uses a type of qualitative research with a normative juridical approach, with primary data from laws and regulations, and secondary data from law books and related journals. The results of the study show that the provisions of puberty in the requirements of guardians of the nasab regulated in PMA No. 20 of 2019 are contrary to the Principle of Lex Superiori Dorogat Legi Inferiori, the provisions of adult legal Privacy, and the ability to act legally.