THE MARITAL AGE

IN THE PERSPECTIVE OF PHILOSOPHY OF LAW

AND ITS CONTRIBUTION FOR

THE ELABORATION OF INDONESIAN MARITAL LAW

By. Dr. H. Andi Sjamsu Alam S.H., M.H.,

(Deputy Chief Justice)

I. PREFACE

A. Background

The arrangement of marriage is one part of the law enforcement aspiration that is contained with the purpose of creating peaceful, tranquility, and justly life conditions. The glorious aspiration of law is manifested in the form of comprehension that affirms the marriage as a natural tendency of human-being. According to Madjid (2000; 27), the abasement of the marriage arrangement has the same meaning with the law of universe abasement that was created by the God as the Only Creator.

The broken home phenomena or especially the failed marriage that has various causes, for example; the early marriage, the forced marriage, and the dishonest, had really distorted the marriage into the form of worldly-artificial implementation of religion; the marriage had been purposed as just “distributor institution” of human biological desire. Why are marriages or the household lifes in Indonesia going under error of mentality so much? The only answer is because of the marriages are not built on the responsible attitude anymore.

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