Legal System Theory Research Articles

Kelsen in the reactor hall? The complex interrelationship of national law, European Union law and international law in the regulation of nuclear safety

This paper focuses on a highly specialized field of law, namely nuclear law. This is characterized, on the one hand, by strong national competences and the primary position of national law, but also, on the other hand, by the international dimension, which has a major impact on national law. For a European Union Member State, the picture is even more wide-ranging, as European Union law, in this case the Euratom Treaty, adds another important layer to the legal-regulatory framework in the nuclear energy sector. The point of departure for this paper is therefore that of an EU Member State, which in nuclear energy issues functions in a legal field consisting of three interdependent main elements – national law, European Union law and international law. Thus, the article seeks to answer the question of which of these three legal systems is the primary one for an EU Member State in the area of nuclear safety, and also to shed light on their interrelationships. he theoretical framework for this analysis aimed at systematization is Hans Kelsen’s classical theory of legal systems. The argument presented here is that for an EU Member State the primary legal system from a legal-hierarchical point of view is the legal system composed of EU law. This is the case mainly because the EU has competence in the area of nuclear safety, albeit shared with the EU Member States. Although the EU/Euratom has not yet significantly expanded regulation in this field, this will most likely change as EU energy policy and legislation develops further in the future. This evolution will most likely have both legislative and enforcement impacts, despite the fact that the substantive content of legislation on all three levels is quite similar. In spite of this, the three legal systems co-exist in constant interaction and without major collisions. Kelsen’s perspective can prove beneficial for understanding the boundaries of the three interdependent legal systems and the shift of the basic norm towards EU law over the past two decades.

Regulate or Prohibit: a Review of Hidden Prostitution Law Enforcement Policies in Indonesia

Prostitution is an act that is contrary to the norms that exist in society because this act can cause unrest in the community and disrupt the order of life in the surrounding community. Prostitution deviates from the norms of decency where a woman or a man sells himself to get satisfaction from lust. Prostitution is spreading rapidly in Indonesia. Many prostitutions are committed under the guise of, among others, Reflexy Massage Parlors, Beauty Salons, and SPA. This study is motivated by the problem of the practice of hidden prostitution under the guise of these business premises in Indonesia, especially the Sleman Regency area, which are almost entirely unexposed and untouched by law enforcement officials but have the potential for negative impacts on society both socially, psychologically, religiously and culturally. This article aims to find out how law enforcement is against the hidden practice of prostitution under the guise of massage parlors, salons, and spas in Indonesia, especially in the district of Sleman. This study combined field and library research, using an empirical juridical approach with a descriptive-analytic method to explain the data. It also used legal system theory to analyze. This study showed no clear and specific regulations that regulate or prohibit prostitution firmly. So far, the Police and Civil Service Police Unit (Satpol PP) have enforced the law based on Regional Regulation No. 15 2012 concerning Tourism Business Registration in Sleman. However, the participation of every stakeholder in society with local wisdom that has existed so far is expected to create legal awareness about hidden prostitution.

Regulation of Articles on State Institutional Insults to The Right to Freedom of Expression in Indonesia: A Critical Review

This study examines the problematic regulation of articles of contempt of state institutions in Law No. 1 of 2023 concerning the Criminal Code on the right to freedom of opinion in Indonesia. This type of research is normative legal research that uses a statute, analytical, and conceptual approach. The results of this study show that juridically formal insults to state institutions (President, MPR, DPR, DPD, MA, and MK) are regulated in Article 240 and Article 241 of Law No. 1 of 2023 concerning the Criminal Code as complaint offenses. The existence of articles of contempt of state institutions has negative implications for the right to freedom of opinion if reviewed using the legal system theory with the concept of three elements of the legal system. In legal substance, the article of insult to state institutions is multi-interpretive because there is no clear and concrete distinction between insult and criticism. In legal structure, the article of contempt of state institutions has the potential to be misused because there are power relations both structurally and functionally between law enforcement and state institutions; and (3) legal culture, standardization of articles of insult to state institutions has the potential to degrade the pluralism of habits in society in opinion and expression.

Marriage Services During the Covid-19 Pandemic; Friedman’s Legal System Study Against the Mandatory Rule for Antigen Swab Test

Antigen swab test is new to the people of Tempursari District during the COVID-19 pandemic. Circular of the Director-General of Islamic Community Guidance No: P-001/DJ.III/Hk.007/07/2021 is the basis for the mandatory antigen swab regulation for the two prospective brides, a guardian, and two witnesses, which is carried out 1x24 hours before the marriage contract. The Puskesmas is the only place that can be used for an antigen swab test in Tempursari District, while to get the test in another place, you have to travel quite a long time and distance, considering that Tempursari is located at the end of Lumajang Regency. The purpose of this study was to determine the implementation of the mandatory antigen swab regulation at KUA Tempursari, as well as a review of Lawrence M. Friedman's legal system theory on the implementation of the regulation. This field research uses a qualitative descriptive method. Data mining is done by document study, observation, and in-depth interviews. This study resulted in several conclusions: (1) the mandatory rules for antigen swab can be implemented properly by KUA Tempursari employees, as evidenced by the existence of socialization and coordination with various parties, such as P3N and Puskesmas employees, (2) based on Friedman's legal system theory, the implementation of mandatory rules The antigen swab at the KUA Tempursari has covered three aspects, namely the legal structure, legal substance, and legal culture, it can be judged to have been effectively implemented at the KUA Tempursari.

TELAAH SOSIOLOGI HUKUM TERHADAP FENOMENA TALAK DI LUAR PENGADILAN AGAMA

The purpose of this study is to examine the phenomenon of divorce that occurs outside the Religious Courts, especially in Bangun Purba Village. Then describes the practice of divorce in the Bangun Purba community in terms of Sociology of Law. While this type of research is field, which uses a qualitative approach. While the primary data collection methods, namely observation, interviews and documentation. To examine more deeply, researchers use legal system theory which is categorized into three types, namely legal substance, legal structure and legal culture. The results of this study indicate that the occurrence of divorce outside the Religious Courts was caused by ordinary matters and was not questioned by positive law. In addition, according to three respondents, the method of divorce that was carried out was familial (custom), namely through intermediaries, and partly witnessed directly by their respective families.

Population Growth: Challenges In The Fulfillment of The Right To Work

Introduction: Population growth has positive and negative impacts on a region. Batam city is a city with a fairly large population and Batam City must be able to fulfill its citizens' rights.Purposes of the Research: This study aims to analyze the fulfillment of the right to work and identify ways to control the rate of population growth to meet the need for jobs. Methods of the Research: The method used in this research is normative juridical. The study used is library research. The basis used in this study is the juridical basis which consists of the 1945 Constitution, Law Number 39 of 1999 concerning Human Rights and the theoretical basis used is the legal system theory of Lawrence Meir Friedman. Results of the Research: Based on the results of the study, it was found that the population growth in the Batam city is increasing and the Batam city has an obligation to fulfill the right to work for its residents. Therefore, Batam City must make a population grand design which also contains strategic plans for managing human resources and strategies for preparing jobs for its residents

Kewenangan Panitia Urusan Piutang Negara Ditinjau Dari Teori Sistem Hukum

The position of the Committee for State Receivables (PUPN), from a constitutional point of view, should be able to become a strong and professional representative interdepartmental institution in line with the goals and expectations of its establishment in accordance with laws and regulations to support the wheels of the economy and benefit the country's finances at a macro level. The problem in this study is regarding how PUPN's authority is viewed from the point of view of the legal system theory. The method used in this research is descriptive research method with a normative juridical approach. Law Number 49 Prp of 1960 concerning the Committee for State Receivable Affairs, is the forerunner of the paradigm for settlement of State Receivables by incorporating elements of managing and collecting state debts with very effective and strong authority from a legal standpoint. In addition, the institutional form that is interdepartmental gives a special image and the presence of law enforcement officials in it can have a significant psychological effect on the debt guarantor. Not to mention that the PUPN itself is equipped with parate execution powers which are the same as the court's execution powers.

Reconstruction of Regulation of the Authority to Address Determination of Village Head Election Results as the Object of State Administrative Object of State Administrative Disputes Based on Justice Value

The State of Indonesia is a State of Law". As a constitutional state, Indonesia places the foundations of law above all else. The purpose of this study is to analyze and find regulations adjudicating the determination of village head election results as objects of dispute. State administration is not based on the value of justice. The results of the Election of the Village Head as the object of a state administrative dispute based on the value of justice. The paradigm in this study is Constructivism. The legal research used in this dissertation is qualitative legal research, i.e. non-doctrinal legal research using a socio legal research approach, and the nature of this dissertation research is descriptive. The theory used is Pancasila justice theory, dignified justice theory (Grand Theory), legal system theory (Middle Theory), as well as progressive legal theory and authority theory (Applied Theory). The results of the study found that the Reconstruction of regulations on the authority to adjudicate the Determination of Village Head Election Results as Objects of State Administrative Disputes based on the value of justice, Reconstruction of regulations on objects of state administrative disputes on Bodies or Officials and State Administrative Decisions as follows: contents of Law No. 51 of 2009 concerning the Second Amendment to Law No. 6 of 1986 concerning State Administrative Courts Paragraph (1) Number 8 concerning the meaning of State Administrative Agencies or Officials Paragraph (1) Number 9 concerning State Administrative Decisions Prior to reconstruction in the event of disputes over the determination of the Village head election committee regarding the results of the village head election not being resolved by the Regent can be directly challenged to the state administrative court.

Reconstruction of Civil Case Execution Regulation on the Implementation of Uitvoerbaar Bij Voorraad Based on Justice Value

The Institute for Immediate Decisions (UitVoerbaar Bij Voorraad) currently does not prioritize human rights and equal protection before the law, because the regulations regarding the Implementation of Immediate Decisions (UitVoerbaar Bij Voorraad) are uncertain in their application. The purpose of this study is to find and analyze the Civil Case Execution Regulations regarding the Implementation of Immediate Decisions (UitVoerbaar Bij Voorraad) which currently have not been able to realize Pancasila justice; Weaknesses of the Civil Case Execution Regulations regarding the Implementation of Immediate Decisions (UitVoerbaar Bij Voorraad) in Indonesia at this time; and Reconstructing Civil Case Execution Regulations for the Implementation of Immediate Decisions (UitVoerbaar Bij Voorraad) based on the Pancasila Value of Justice. In this study, the constructivism paradigm was used, the socio-legal research approach method. The data sources in this study consist of primary data sources and secondary data sources consisting of primary legal materials, secondary legal materials and tertiary legal materials. Related to qualitative descriptive data analysis. Legal theory as an analysis of Grand Theory (Pancasila justice theory), Middle Theory (legal system theory), Aplaid Theory (Progressive Law). The findings of the study are that (1) the Civil Case Execution Regulation on the Implementation of Immediate Decisions (UitVoerbaar Bij Voorraad) based on the Value of Justice has not been able to realize Pancasila Justice, because it does not prioritize human rights and legal certainty as characteristics of Pancasila justice. Apart from that, it appears that unequal treatment before the law, because of the regulations as stipulated in article 180 paragraph (1) HIR / article 191 paragraph (1) RBG, there must be Authentic Evidence of the Plaintiff, so the Immediate Application of the Decision cannot be dropped if each - each party has authentic evidence. (2) Weaknesses in the Civil Case Execution Regulations regarding the Implementation of Immediate Decisions (UitVoerbaar Bij Voorraad). In substance, this regulation is still floating (floating norm) so that the Immediate Decision cannot be implemented and executed (non-executable). This is what causes the legal structure, namely the Court does not comply with the Application of the Immediate Decision (Uitvoerbaar Bij Voorraad). This fact can become a legal culture that is not good, both within the judiciary itself and among justice seekers and society. (3) Reconstruction of Civil Case Execution Regulations on the Implementation of Immediate Decisions (UitVoerbaar Bij Voorraad) based on the Value of Justice by Removing Article 180 paragraph (1) HIR / Article 191 paragraph (1) RBG, to realize Pancasila justice which prioritizes human rights and equality before the law.

Reconstruction of Marriage Dispensation Regulations in the Perspective of Human Rights Based on the Value of Justice

Marriage dispensation is the granting of permission to marry against deviations from the minimum age permitted in the marriage law. Marriage dispensation can be requested from the court with urgent reasons and must be married immediately. This urgent reason has caused debate, because based on the determination of the religious court as a whole it grants or gives dispensation approval to prospective brides who are pregnant or have committed acts prohibited by religious law and decency. While reasons other than that can be rejected by the judge. The purpose of this research is to analyze and find the reconstruction of the regulation of marriage dispensation in the perspective of human rights based on the value of justice. This study uses the Postpositivism paradigm, with an empirical juridical approach that uses primary data. Methods of data collection using interviews, observation, and field systems. The legal theory used in this dissertation is the theory of justice as the Grand Theory, the middle theory of the legal system theory and the Applaid theory of the theory of benefit. The results of this dissertation research found that the regulation of marriage dispensation in the perspective of human rights has not had the value of justice, namely the current marriage dispensation system based on Law Number 16 of 2019 has not fulfilled a sense of justice related to equal rights before the law and Article 28 B of the Law -The 1945 Constitution of the Republic of Indonesia, it can be seen that dispensation is only given to prospective brides who are pregnant. The current weaknesses in the regulation of the dispensation of marriage in the perspective of human rights are weaknesses in legal substance, legal structure and legal culture. The weakness of the marriage dispensation system is that it does not provide a clear understanding of the urgent reasons, causing debate regarding the urgent reasons and giving rise to the interpretation that the urgent reason is that the candidate is pregnant and results in differences of opinion from the judges. Reconstruction of the regulation on the dispensation of marriage in the perspective of human rights based on the value of justice, namely by reconstructing the provisions in Article 7 paragraph (2) of Law Number 16 of 2019, namely that it is necessary to change the sentence or phrase "reasons are very urgent" and amended with the phrase "which based on the interests of the candidate.

The Orientation and Implications of New Criminal Code: An Analysis of Lawrence Friedman's Legal System

This study aims to analyze the orientation and implications of the legalization of the Draft Criminal Code (RKUHP) to become Law No. 1 of 2023 concerning the Criminal Code (New Criminal Code) regarding the legal system theory of Lawrence M. Friedman. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of the study confirm that the orientation of Lawrence Friedman’s legal system regarding the ratification of the Draft Criminal Code is that the aspects of legal substance in the New Criminal Code have adopted Indonesian legal values and culture by applying the concept of restorative justice. From the aspect of legal structure, implementing the New Criminal Code in a transitional manner for three years has an orientation to provide socialization. From the aspect of legal culture, the orientation of restorative justice involves the public in the criminal justice process. The implication of Lawrence Friedman’s legal system puts forward the substance of customary law as the applicable law, related to the idea of restorative justice to the affirmation that imprisonment is a last resort. That has implications for the need for judges to understand customary law. From the aspect of the legal structure, the roles of judges, prosecutors and other law enforcement officials are also prioritized to provide the essence of justice in implementing the New Criminal Code. From the aspect of legal culture, the role and participation of the community are essential in efforts to prevent and enforce criminal law in society.

Legal Reconstruction of Judges' Decision on Obscure Lawsuit Exception Based on Justice Value

The aim of this research is to find and analyze the weaknesses of the judge's decision on the obscure lawsuit exception in Indonesia and how to reconstruct it based on justice value. This study uses the constructivism paradigm, the approach method is sociological research, the research specifications are analytical descriptive, the data used are primary data and secondary data, primary data is obtained by interview while secondary data is obtained by means of literature study, data analyzed qualitatively by using the Dignified Justice Theory, Legal System Theory, and Progressive Legal Theory. The results of the study show that the Weaknesses include weaknesses in legal substance, namely weaknesses in the provisions of Article 136 HIR. Weaknesses in Legal Culture are that positivism is still the mainstream of judges therefore the Panel of Judges often does not read and study cases together from the start and the Chairperson of the Panel of Judges as a senior judge is still decisive in making decisions, next, the weaknesses in the Legal Structure including the acceptance stage, where, after starting their career as a judge, they must submit themselves to the supervision of judges and structures outside the court. Therefore, the legal Reconstruction intended by the author is related to the values of Pancasila, as the Reconstruction of the Norm is an exception to the obscure lawsuit being considered and decided before the examination of the main case.

Quo Vadis the Importance of Ratification of the Rome Statute for Law Enforcement and Human Rights in Indonesia in Terms of Legal System Theory

This study aims to provide an understanding of the urgency of the importance of Ratifying the Status of Rome for the enforcement of law and human rights in Indonesia which uses an analytical knife from Lawrence M Friedman's legal system theory. In Law number 26 of 2000 concerning the Human Rights Court has full legality in dealing with crimes of genocide and crimes against humanity but is this enough to make law enforcement in Indonesia fight or resolve human rights cases such as the Peter case, Semanggi I case and the -other cases need to apply a grand design for the settlement of these cases even more than that Indonesia's ratification will place Indonesia as one of the main supporters of international justice. In its implementation, Indonesia will join more than half of the world's people in ensuring that an effective justice system will prevent the worst crimes ever committed against humanity and ensure protection for all nations in the world, including Indonesia itself. This research is normative by using scientific literature such as written rules, theoretical and legal dogmas so that problems are resolved regarding the urgency of the importance of implementing the Rome Statute in Indonesia fulfilling three discussions, namely 1) The Importance of Ratification of the Rome Statute for Law Enforcement in Indonesia, 2) The Importance of Ratification of the Rome Statute Can Prevent Impunity in a Country, 3) Legal System Theory as a model in the application of Rome Statute ratification in Indonesia. so that this study can know the importance of the Rome Statute rules in Indonesia because they can be bound by international courts.

PENEGAKAN HUKUM TINDAK PIDANA PROSTITUSI ANAK SECARA ONLINE BERDASARKAN SISTEM HUKUM INDONESIA

The practice of child prostitution has caused various negative impacts, one of which is damaging the morale of the nation's next generation, so that it can threaten the survival of the nation and state in the future. Ironically, cases of child prostitution have soared by more than 50 percent since the Covid-19 pandemic hit Indonesia. This, of course, is of concern to the government and law enforcement officials, including the author as an academic. This research is legal research with a typology of normative legal research or doctrinal research that aims to produce arguments, theories or new concepts in solving the problems to be studied. The results of the study concluded that the arrangements for eradicating criminal acts of online child prostitution in Indonesia are scattered in several statutory provisions. Legal System Theory concluded that online child prostitution law enforcement in Indonesia is still considered not to be effective and optimal, so that in the future there is a need for system changes in online child prostitution law enforcement.

The Legal System of the All-You-Can-Eat Ticket System at Tlogo Argo-Tourism, Indonesia: A Maṣlaḥah al-Mursalah Perspective

This article analyzes the legal system in the all-you-can-eat ticket system of Tlogo argo-tourism in Central Java, Indonesia. This research is based on recent concerns over the system’s implementation, specifically regarding its lack of clarity (gharar). The study employs a qualitative approach, combining legal-empirical analysis with the legal system theory of Lawrence Friedman and the concept of maṣlaḥah al-mursalah (public interest). The findings show that the all-you-can-eat ticket system in Tlogo argo-tourism has three components required by Lawrence Friedman’s legal system theory: legal structure, legal substance, and legal culture. The legal culture component is crucial in implementing the all-you-can-eat ticket system internally and externally. Moreover, the system also fulfills the three elements of maṣlaḥah al-mursalah: maṣlaḥah ḍaruriyyah (primary public interest), maṣlaḥah ḥajiyyah (tertiary public interest), and maṣlaḥah tahsiniyah (tertiary public interest). Therefore, this study contributes to a wider and more comprehensive view of buying and selling practices from the legal system’s perspective and maṣlaḥah al-mursalah.

Non-Penal Efforts in Overcoming Crime of Corruption by Building an Anti-corruption Culture for "Didikan Subuh" Participants in Padang

<p>This study examines the concept of integration of Anti-Corruption Education at "Subuh" Education Program in Padang City. Corruption is an extraordinary crime or extraordinary crime, so it needs extraordinary handling as well. Viewed from the organic theory, the handling of criminal acts of corruption is equipped with a complete structure. Judging from the substance of the law, it has been widely supported by complete laws and regulations. From the aspect of legal culture, several policies have been issued that integrate Anti-Corruption Education into the learning curriculum in schools. However, these efforts have not yielded significant results. The rate of corruption is still said to be high. In Padang City, an average of 39 cases are submitted to the Corruption Court, Padang District Court. The approach that needs to be taken is a religious approach. The Islamic religious approach is carried out by integrating Anti-Corruption Education in the "Subuh" Education Program. "Didikan Subuh" is an Islamic Education Program that was born and developed in Minangkabau. Subuh Education is a functional and practical conception of Islamic Education at dawn with activities centered in the Mosque and Mushalla. Researchers used the Legal System Theory from Laurence M. Friedman and the Functional Structure Theory from Talcott Parsons. This research is normative legal research. The data source consists of secondary data. Data were analyzed qualitatively.</p>

Legal Reconstruction of Absentee Land Registration Arrangements through Complete Systematic Land Registration Based on Justice Value

The objectives of this study are to analyze the weaknesses of the absentee land registration arrangements through Complete Systematic Land Registration (PTSL) that are not yet fair, and how to reconstruct the law based on justice value. The research method used is socio-legal research, using the constructivism paradigm. The approach method used in this research is social legal research, concept approach, and comparative approach. This research uses primary data and secondary data. Data collection techniques through interviews, observation, and literature studies. The data collected was analyzed qualitatively. The legal theory used as an analysis tool is the grand theory of Pancasila justice and the rule of law theory, the middle theory of legal system theory, and the applied theory of development law theory and progressive law theory. The results of the study found that the Weaknesses in legal substance namely Article 5, Article 7, Article 25 paragraph 1, Article 30 paragraph 2, and Article 32 of Minister of Agrarian Regulation Number 6 of 2018 concerning Complete Systematic Land Registration (PTSL), Weaknesses in the legal substance of absentee land registration arrangements in the Minister of Agrarian Regulation Number 6 of 2018 concerning Registration Complete Systematic Land (PTSL), while the legal structural weaknesses in absentee land registration are limited land management, limited number and capacity of human resources, limited quantity and quality of measurement facilities and infrastructure, and weaknesses in the legal culture of society, namely economic and social factors. Therefore the Reconstruction of absentee land registration arrangements through the Complete Systematic Land Registration based on Pancasila values of justice in the arrangement of absentee land registration must not contradict religious values and beliefs, protect the rights of citizens, and uphold the values of unity and equality, and able to protect the wider community, and the rules are clear and do not cause conflicts with higher rules as contained in the Minister of Agrarian Regulation Number 6 of 2018 concerning Complete Systematic Land Registration (PTSL).

TANTANGAN DALAM PENYELESAIAN GUGATAN SEDERHANA

Indonesia is a state of law. This is due to the existence of a fundamental judicial power that adheres to the principles of the administration of judicial power. One of the principles is the principle of simple, fast and low cost. This is manifested in the settlement of a simple lawsuit. The purpose of this study is to analyze the challenges of settling a simple lawsuit. The research method used is normative juridical and uses juridical and theoretical foundations in analyzing this research. The theory used is the Theory of Legal Certainty by Gustav and Theory of Legal Systems by Lawrence. The results of the study, it was found that Indonesia has provided legal certainty in the settlement of simple lawsuits by stipulating this in PERMA Number 4 of 2019. However, its application still varies based on obstacles caused by legal culture.

Reconstruction of Land and Building Tax Regulations from the Central Government to Regional Governments in the Perspective of Regional Autonomy Based on Justice Values

The purpose of this study is to analyze the factors that influence the implementation of land and building tax payments in the perspective of regional autonomy. And to formulate regulations on Land and Building Tax in the perspective of regional autonomy in realizing public welfare. The research method used is juridical empirical. This research is a qualitative research, the type of data used is primary and secondary data. The technique of collecting data is through literature study and field focus group discussions, interviews and questionnaires). The data collected were analyzed through descriptive analysis. The legal theory used is Justice Theory, Legal System Theory, and Progressive Legal Theory. The results of the study found that the factors that influence the implementation of land and building tax payments in the perspective of regional autonomy, due to rapid changes in regulations and overlapping authorities, sectoral ego and " ngemplang " legal culture. Reconstruction of land and building tax regulations in the perspective of regional autonomy based on the value of justice, namely by realizing community welfare, by prioritizing the principles of transparency and accountability, regulation of land and building taxes in an integrated system and improving the legal welfare of the community. Keywords: Land and Building Tax, Regional Autonomy, Welfare DOI: 10.7176/JLPG/128-09 Publication date: January 31 st 2023

Pemmali Culture in Bugis Community versus Law Enforcement of Age of Marriage in the Religious Courts

This study aims to explore the law enforcement of age of marriage in Bugis community, Islamic law and national law, and pemmali culture as one of the most crucial reasons for marriage dispensation. This study method used a sociological juridical research with normative and formal juridical approaches, socio-anthropological and case studies. Data analysis techniques used positivist theory of legal system, law enforcement, and sociology of legal system. The results showed that the enforcement of age of marriage in Bugis community does not have an age standard determination unless the daughter is menstruating, the application of pemmali culture causes daughter to become victims of underage marriages, they are blind to knowledge of age of marriage in Law Number 16 of 2019. The application of marriage age for children are still debated by the majority of fiqh scholars as long as girls have not menstruated, they do not question child marriage if it is menstruating, but Indonesian national law there is no way to legalize child marriage before getting a marriage dispensation. Pemmali culture can be determined as one of the reasons for the sharp increase in marriage dispensations in Religious Courts due to the mindset of parents in Bugis community when their daughters are underage and are proposed three times by men. A mayor implication of these findings is to reduce the amount of marriage dispensation recommended the next research on the effectiveness of socialization of Law Number 16 of 2019.