Dualisme Hukum Perkawinan di Bawah Umur: Ketegangan antara Hukum Islam dan Hukum Negara di Mojokerto

Legal Dualism in Underage Marriage: The Tension between Islamic Law and State Law in Mojokerto

Abstract

This study examines the dualism of law in the practice of underage marriage in Kunjorowesi Village, Ngoro District, Mojokerto Regency, focusing on the tension between Islamic law and state law. Child marriage remains prevalent, particularly among females, despite Law Number 16 of 2019 stipulating the minimum marriage age of 19 years. Data from the Office of Religious Affairs (KUA) Ngoro for the 2020–2024 period show that females dominate underage marriage cases. The main driving factors include economic hardship, social traditions, and religious legitimacy provided by local clerics. This research employs a qualitative descriptive approach using interviews, observations, and documentation, supported by secondary data from official reports and previous studies. The data were analyzed using Miles, Huberman, and Saldaña’s interactive model, which consists of data reduction, data display, and conclusion drawing. The findings reveal three main points. First, the practice of underage marriage in Kunjorowesi remains high, with females as the most vulnerable group. Second, there is a legal tension between Islamic law and state law, as the dispensation mechanism in Religious Courts often functions as a loophole to legalize child marriages, while communities tend to rely more on religious authority than state regulations. Third, the analysis of legal pluralism shows inconsistency between legal structure, substance, and culture, which prevents state law from functioning as a living law. This study concludes that efforts to prevent child marriage must be pursued through harmonization between state law, Islamic law, and local cultural norms. Therefore, child protection strategies cannot solely rely on formal regulations but require the involvement of religious leaders and the transformation of social values at the community level.