Which Indonesian Women Marry Youngest, and Why?

2001 ◽  
Vol 32 (1) ◽  
pp. 67-78 ◽  
Author(s):  
Gavin W. Jones
Keyword(s):  
Field Study ◽  
Early Marriage ◽  
Marriage Law ◽  
West Java ◽  
Minimum Age ◽  
Age Of Marriage

Although the Indonesian Marriage Law of 1974 set a minimum age of marriage for females of 16, among some groups – notably Sundanese in West Java and Madurese in East Java – early marriage remained common well after the Marriage Law was promulgated. Early marriage has since declined but certainly not disappeared among these groups. This paper analyses trends in early marriage and reports on a field study among the Madurese.

scholarly journals ANALISIS UNDANG-UNDANG PERKAWINAN TERHADAP ANALYSIS OF MARRIAGE LAW ON MINIMUM AGE LIMITS OF MARRIAGE

2018 ◽  
Vol 15 (2) ◽  
Author(s):  
Hazna Hazna
Keyword(s):  
Social Protection ◽  
Early Marriage ◽  
Marriage Law ◽  
Protection Measures ◽  
National Legislation ◽  
Minimum Age ◽  
Women And Children ◽  
Age Limit ◽  
Age Limits ◽  
Age Of Marriage

<p>The revision of Act Number 1 of 1974 entered into discussion in the National Legislation Program (prolegnas) 2015-2019. The revision should be done because the values in the formulation of the Marriage Act is not in accordance with social protection measures and there are many shows non-compliance with the rules of article. Besides the purpose of the Marriage Act is regulating the marital life to be controlled by marriage administratively and can affect citizen identification. Indecision of Marriage Law, especially against the minimum age of marriage causes many losses, especially in women and children. The practice shows there are still many parents who marry off their children under the age of set for marriage, Based on that background the author proposes two fundamental issues: how the limit of age for marriage according to the religion, customs and laws. And why we are need for revision the Marriage Act regarding the minimum age limit of marriage. The result of this research and discussion made a conclusion that are differences of the determination for the age of the child at each legislations, but basically the set of 18 years old as a child can be held the responsibility, but on the Marriage Act for the woman's age, is 16 years old. Then the revision of Marriage Act can avoid the occurence of early marriage.</p>

scholarly journals Islamic Family Law Reform: Early Marriage and Criminalization (A Comparative Study of Legal Law in Indonesia and Pakistan)

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Fatum Abubakar
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Married Couples ◽  
Early Marriage ◽  
Law Reform ◽  
Child Marriage ◽  
Marriage Law ◽  
Minimum Age ◽  
Age Of Marriage

In this paper I want to compare of legal law in Indonesia and Pakistan about early marriage. In Indonesia, marriage law No. 1/ 1974 explained that the limit of age of marriage is sixteen (16) years for women and nineteen (19) years for men. In Pakistan, after the 1961 MFLO amendment, Pakistan established the minimum age of marriage under the Child Marriage Restraint Act, 1929, is eighteen (18) years for men and sixteen (16) years for women. In addition to Law No. 1 of 1974, in Indonesia, the KHI is clearly repeating Article 15 Paragraph (2), for candidates who have not reached the age of 21 years, they must obtain permission as provided in Article 6 Paragraph (2), (3), (4), and (5) of Law No. 1 year 1974. Otherwise, in Indonesia this regulation is slower than other perversions country that I mention. The questions in this paper are; first, why does the legislation of Indonesia provides dispensation of marriage in the Court for prospective couples under the age of marriage? Second, why does Pakistan's legislation give prison sanctions and penalties for married couples under the age of marriage? Thirdly, why does the legislation of Indonesia and Pakistan implement different determination of law for early marriage? The conclusion; if both prospective brides are still below the minimum age for marriage, the parents of the two brides-to-be may submit a marriage dispensation in a religious court. Dispensation of this marriage is regulated in Minister of Religious Affairs Regulation No. 3 year 1975, specifically for people who are Moslems. This matter the marriage law also provides an outlet as a solution if the minimum age requirement is not met. Otherwise, In Pakistan, Historically; the marriage of children is in conflict between those who feel established and those who want change by reforming their family law. So, MFLO 1961 came out of the outcome of the change of the Child Marriage Restraint Act 1929 to sanction marriage with fines and imprisonment for married couples who are married under the minimum age set for marriage. Even sanctions are given for parents, guardian, and marriage organizers as well as even more than the sanctions given to his son. Even if the renewal of Islamic law in the Indonesia have been done. Indonesia is somewhat late in doing Islamic law reform than Pakistan.

Historisitas dan Tujuan Aturan Umur Minimal Perkawinan dalam Perundang-Undangan Keluarga Islam di Indonesia

2019 ◽  
Vol 2 (2) ◽  
pp. 163-177
Author(s):  
Nur Wahid
Keyword(s):  
Sexually Transmitted Diseases ◽  
Mortality Rates ◽  
Early Marriage ◽  
Premature Births ◽  
Sexually Transmitted ◽  
Minimum Age ◽  
Psychological Maturity ◽  
Strongly Agree ◽  
Age Of Marriage

This paper examines the minimum age requirement for marriage in Indonesian family law legislation in Indonesia historically. Determination of the minimum age for marriage in various countries is the result of ijtihad by considering the principle of physical and psychological maturity. In Indonesian marriage legislation sating that marriage is only permitted if the man reaches the age of 19 (nineteen) years and the woman has reached 16 (sixteen) years. Early marriage has several risks such as potential premature births, birth defects, maternal depression rates, maternal mortality rates, risk of contracting sexually transmitted diseases. Therefore, the authors strongly agree that the minimum age of marriage in Indonesia changed to 19 years

scholarly journals Law and Social Affairs; An Analysis of Early Marriage Factors in Nibung Village, Koba District, Centra Bangka Regency

2019 ◽  
Vol 2 (1) ◽  
pp. 51-57
Author(s):  
Arifin Faqih Gunawan
Keyword(s):  
Negative Trend ◽  
Early Marriage ◽  
Positive Trend ◽  
Marriage Law ◽  
Minimum Age ◽  
Age Limit ◽  
The Law ◽  
Social Affairs

The Marriage Law, number 1 of 1974 gives the minimum age limit for a person to be allowed to marry if a man has reached the age of 19 years and a woman has reached the age of 16 years. This study explains the factors influence the occurrence of early marriage in Nibung Village, Koba District, Central Bangka Regency. The purpose of this study is to identify the factors that influence the occurrence of early marriage in Nibung Village, and to see the public's understanding of early marriage from the side of the Law. The results of this study indicate that there are 2 categories of factors that influence early marriage. There are two positive trend factors which are parents’ perceptions & culture and beliefs. There are also two negative trend factors which are intellectuality and the value of virginity.

scholarly journals Dispensasi Nikah Dalam Persfektif Hukum Islam, Undang-Undang Nomor 1 Tahun 1974 dan Kompilasi Hukum Islam

2020 ◽  
Vol 7 (1) ◽  
pp. 49-64
Author(s):  
Kamarusdiana Kamarusdiana ◽  
Ita Sofia
Keyword(s):  
Islamic Law ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Marriage Law ◽  
Minimum Age ◽  
Age Of Marriage ◽  
Court Hearing

AbstractMarriage dispensation is a legal solution because most of the perpetrators of marriage dispensation are those who do not yet have formal legality to get married, so they then take the legal initiative so that marriages can be recognized. This study aims to determine the perspective of Islamic law, Marriage Law and Compilation of Islamic Law regarding marriage dispensation. The method used is qualitative with primary data sources from the Marriage Law, the Book of Fiqh and the Compilation of Islamic Law while secondary data are books, journals, magazines related to marriage dispensation. The results of this study found that Islamic law does not specifically regulate marriage dispensation because the majority of scholars only mention balig as a condition for marrying a person and do not specify a minimum age of marriage, whereas Law Number 1 of 1974 concerning Marriage and Compilation of Islamic Law strictly regulates underage marriage , i.e. must go through a court hearing mechanism to obtain a marriage dispensation permit.Keywords: Marriage Dispensation, Compilation of Islamic Law AbstrakDispensasi Nikah sebagai solusi hukum karena para pelaku dispensasi nikah kebanyakan mereka yang belum memiliki legalitas formal untuk menikah, sehingga kemudian mengambil ikhtiar hukum agar pernikahan yang dilakukan dapat diakui. Penelitian ini bertujuan mengetahui perspektif hukum Islam, Undang-undang Perkawinan dan Kompilasi Hukum Islam tentang dispensasi nikah. Metode yang digunakan adalah kualitatif dengan sumber data primer dari Undang-Undang Perkawinan, Kitab Fiqh dan Kompilasi Hukum Islam sedangkan data sekunder adalah buku-buku, jurnal, majalah yang terkait dengan dispensasi nikah. Hasil penelitian ini menemukan bahwa Hukum Islam tidak mengatur khusus dispensasi nikah karena mayoritas ulama hanya menyebutkan balig sebagai syarat menikah seseorang dan tidak menentukan minimal usia perkawinan, sedangkan Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan dan Kompilasi Hukum Islam mengatur ketat tentang perkawinan di bawah umur, yaitu harus melalui mekanisme sidang pengadilan untuk mendapatkan izin dispensasi perkawinanKata Kunci: Dispensasi Nikah, Kompilasi Hukum Islam

Early Marriage as Slavery

2019 ◽  
pp. 85-100
Author(s):  
Ashwini Tambe
Keyword(s):  
Slave Trade ◽  
Early Marriage ◽  
The Gaze ◽  
Transatlantic Slave Trade ◽  
Age Of Consent ◽  
The United Kingdom ◽  
Minimum Age ◽  
Independent States ◽  
Age Of Marriage ◽  
Newly Independent States

Chapter 4 returns to the intergovernmental arena to examine another effort to harmonize a common age of consent: a UN-led universal age of marriage. It documents how the trajectory of UN interest in setting a common age in the 1950s and 1960s was shaped by another commitment, that of abolishing slavery. In particular, it shows that antislavery discourse was mobilized in the context of geopolitical hierarchies: the focus on child marriage turned the discussion of slavery away from the United Kingdom, United States, and European states, which had historically been the principal perpetrators of the transatlantic slave trade, to former colonies. In displacing the gaze away from the British slave trade to newly independent states, the UN discourse on marriage shifted moral responsibility for enslavement from historically culpable nations to many of those oppressed by them. An imperial logic thus informed efforts to raise the age of marriage. Indian delegates played an obstructionist role throughout the process, claiming it compromised the power of parents. Ultimately, India refused to sign the 1962 Convention on Minimum Age of Marriage.

scholarly journals Pemahaman Masyarakat terhadap Pembatasan Usia Minimal untuk Melangsungkan Perkawinan

2020 ◽  
Vol 9 (1) ◽  
pp. 77-90
Author(s):  
Supianto Supianto ◽  
Nanang Tri Budiman
Keyword(s):  
Marriage Law ◽  
The People ◽  
Minimum Age ◽  
Body And Soul ◽  
Age Limit ◽  
The Law ◽  
Age Of Marriage ◽  
The Village

Provisions regarding the minimum age limit in the Marriage Law have been amended with the birth of Amendment to the Marriage Law Number 16 Year 2019. In this law the minimum age of marriage for women is equal to the minimum age of marriage for men, which is 19 (Nineteen) year. The age limit is considered to have matured body and soul to be able to carry out marriage in order to realize the purpose of marriage properly without ending in divorce and get healthy and quality offspring. From the results of the study it was found that the people of the Village of Pontang Ambulu did not know about the change in the minimum limits to carry out the marriage nor did they know about the existence of the Law No. 16 of 2019 which mentions changes in the minimum age limit for marriage.

scholarly journals PANDANGAN ULAMA KABUPATEN PONOROGO TERHADAP PERNIKAHAN DINI: Studi Kasus Pernikahan Dini di Kecamatan Badegan Kabupaten Ponorogo

2020 ◽  
Vol 14 (02) ◽  
pp. 170-194
Author(s):  
Dwi Astuti Furi
Keyword(s):  
Data Collection ◽  
Descriptive Analysis ◽  
Young Age ◽  
Early Marriage ◽  
Analysis Method ◽  
Marriage Law ◽  
Positive Law ◽  
Age Of Marriage ◽  
The Ideal

Early marriage or marriage at a young age is an inner and outer bond that is carried out by a young man or woman who has not yet reached the ideal level to make a marriage, in other words that the marriage is being done before adulthood age. Early marriage still often occurs in Badegan District, Ponorogo. Conducting a field reseach regarding the views of Ponorogo ulama (religious scholars) about early marriage, data collection is done through direct interviews. Then the data is re-examined (editing), systematically arranged in the form of exposure (organizing) and analyzed in accordance with the discussion by using rules, theory and proposition so that it finds valid results. From the data collection, discussion with descriptive analysis method was carried out, namely describing the problem of information that would be used as the object of discussion in order to get a view and legal settlement of the Ponorogo scholars as the end of the research. From this study it can be concluded that (1) Early marriage from the perspective of ulama in Ponorogo according to Fiqh perspective is legal, while in the eyes of positive law in Indonesia, it should be avoided; (2) The basis of the argumentation of scholars in Ponorogo Regency in judging early marriage is naqli and aqli. The naqli basis used in establishing the validity is the proposition of the text of a hadith which narrates that Rasulullāh married Aisha at the age of 9, and the basis of the aqli used is benefit to avoid greater harm. As contained in the Marriage Law (UU Pokok Perkawinan) No. 1 of 1974 that limits the age of marriage with the aim of avoiding harm.

scholarly journals Revisiting the New Indonesia’s Marriage Act 2019: will it be effective to prevent adolescent marriage

2020 ◽  
Vol 1 (1) ◽  
pp. 3
Author(s):  
Dyah Anantalia Widyastari
Keyword(s):  
Early Marriage ◽  
Economic Factors ◽  
Marriage Law ◽  
Early Childbearing ◽  
History Of ◽  
Age Of Marriage

Indonesia has a long history of adolescent marriage and early childbearing. The religious, sociocultural and economic factors have been pointed out as the major drivers of early marriage while the 1974 Marriage Law was considered ‘weak’ in preventing the event. As the house of representative has passed the new bill in increasing the minimum legal age of marriage for female from 16 to 19 years old in 2019, a question posed whether the enactment of the new marriage law will be effective in preventing adolescent marriage in Indonesia.

scholarly journals PERTIMBANGAN HAKIM TERHADAP DISPENSASI NIKAH DI BAWAH UMUR (STUDI KASUS PENGADILAN AGAMA PARIGI)

2021 ◽  
Vol 2 (2) ◽  
pp. 165-187
Author(s):  
Andini Asmarini
Keyword(s):  
Field Research ◽  
Data Interpretation ◽  
Early Marriage ◽  
Legal Compliance ◽  
Arranged Marriages ◽  
Analysis Techniques ◽  
The Family ◽  
Minimum Age ◽  
The Government ◽  
Age Of Marriage

This study examines the judge's considerations in resolving marriage dispensation cases at the Parigi Religious Court. This research includes field research with qualitative methods. Data was collected through documentation studies, interviews, and observations. Data analysis techniques used are data reduction, data presentation, data interpretation, and drawing conclusions. The background of this research is Law No. 16 of 2019 Article 7 paragraph 1 regarding the minimum age of marriage, which is 19 years for men and women, as well as paragraphs 2 & 3 regarding the granting of marriage dispensation with very urgent reasons. The description in this journal departs from the factors that form the background of the application for a marriage dispensation and how judges consider in resolving a marriage dispensation case at the Parigi Religious Court. The results showed that the background of the application for marriage dispensation at the Parigi Religious Court was due to pregnancy outside of marriage, arranged marriages, and reasons to avoid adultery. The considerations made by the judge are through the principle of expediency, the necessity to refuse harm, the interests of the child and baby in the womb, and the legal compliance of the family. From the conclusions obtained, it is recommended that the government and community organizations intensively conduct speeches and counseling about the dangers of early marriage in the community, as well as increase parental and family supervision of the association and development of children. Abstrak Penelitian ini mengkaji tentang pertimbangan hakim dalam penyelesaian perkara dispensasi nikah di Pengadilan Agama Parigi. Penelitian ini termasuk penelitian lapangan dengan metode kualitatif. Pengumpulan data dilakukan melalui studi dokumentasi, wawancara, dan observasi. Teknik analisis data yang digunakan adalah reduksi data, penyajian data, penafsiran data, dan penarikan kesimpulan. Latar belakang penelitian ini adalah Undang-Undang No 16 Tahun 2019 Pasal 7 ayat 1 mengenai umur minimal pernikahan yaitu 19 tahun bagi pria dan wanita, serta ayat 2 & 3 mengenai pemberian dispensasi nikah dengan alasan sangat mendesak. Uraian dalam jurnal ini berangkat dari faktor-faktor yang menjadi latar belakang permohonan dispensasi nikah dan bagaimana pertimbangan hakim dalam menyelesaikan perkara dispensasi nikah di Pengadilan Agama Parigi. Hasil penelitian menunjukkan bahwa latar belakang permohonan dispensasi nikah di Pengadilan Agama Parigi akibat kondisi hamil di luar nikah, perjodohan, dan alasan menghindari zina. Adapun pertimbangan yang dilakukan hakim yaitu melalui asas kemanfaatan, keharusan untuk menolak mudharat, kepentingan anak dan bayi dalam kandungan, serta kepatuhan hukum pihak keluarga. Dari kesimpulan yang diperoleh, disarankan agar pemerintah serta organisasi kemasyarakatan gencar melakukan orasi dan penyuluhan tentang bahaya menikah dini di tengah masyarakat, serta meningkatkan pengawasan orang tua dan keluarga terhadap pergaulan dan perkembangan anak.

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