scholarly journals PENETAPAN DISPENSASI NIKAH AKIBAT HAMIL DI LUAR NIKAH DI PENGADILAN AGAMA YOGYAKARTA TAHUN 2010-2015 (ANALISIS HUKUM ACARA PERADILAN AGAMA)

2018 ◽  
Vol 10 (2) ◽  
pp. 178
Author(s):  
Nurul Inayah
Keyword(s):  
Children And Adolescents ◽  
Men And Women ◽  
Procedural Law ◽  
Minimum Age ◽  
Age Of Marriage ◽  
Religious Courts ◽  
In Pregnancy ◽  
Main Factor

The application for marriage dispensation is a petition filed to the Religious Court to be granted an exception to the provisions of Article 7 paragraph 1 of Law no. 1 Year 1974 jo. Article 15 KHI about the minimum age of marriage for the prospective bridegroom of men and women who have not reached the minimum age of marriage due to some things or in certain circumstances. The rise of promiscuity among children and adolescents resulting in pregnancy out of wedlock became the main factor of many filed marriage dispensation applications to the Religious Courts. The Religious Courts as an institution authorized to examine, hear, decide and settle the case shall be in accordance with applicable procedural law and based on evidence and strong legal considerations to formulate the stipulation of the marriage dispensation.[Permohonan disepensasi nikah merupakan permohonan yang diajukan ke Pengadilan Agama agar diberikan pengecualian terhadap ketentuan Pasal 7 ayat 1 Undang-Undang No. 1 Tahun 1974 jo. Pasal 15 KHI tentang batasan usia minimal menikah bagi calon mempelai laki-laki dan perempuan yang belum mencapai usia minimal menikah tersebut karena adanya beberapa hal atau dalam keadaan tertentu. Maraknya pergaulan bebas di kalangan anak-anak dan remaja mengakibatkan hamil di luar nikah menjadi faktor utama banyak diajukannya permohonan dispensasi nikah ke Pengadilan Agama. Pengadilan Agama sebagai lembaga yang berwenang untuk memeriksa, mengadili, memutus dan menyelesaikan perkara permohonan tersebut harus sesuai dengan hukum acara yang berlaku dan berdasarkan alat bukti serta pertimbangan hukum yang kuat untuk merumuskan penetapan dispensasi nikah tersebut.]

scholarly journals Perempuan Sebagai Anak dan Hak-Haknya dalam Perkawinan (Studi terhadap Peraturan Perundang-undangan dan Praktek di Pengadilan Agama)

2012 ◽  
Vol 2 (1) ◽  
pp. 125-147
Author(s):  
Fatima Fatima
Keyword(s):  
Family Law ◽  
South West ◽  
Minimum Age ◽  
Islamic Family Law ◽  
Age Of Marriage ◽  
Religious Courts ◽  
Central South ◽  
Islamic Courts

This paper aims to investigate how women or girls as daughters are administered in Islamic family laws and how they are awarded rights in regard to marriage. It also analyses how judges at Islamic courts solve the cases involving women as daughters. It, therefore, discusses how, according to Indonesian Islamic family law, women, as daughter could obtain permissions to get married when their parents are reluctant to marry them. It also discusses how they have also right to obtain permission to get married although they have not reached the minimum age of marriage. Investigating a number of judgments from Islamic courts of Central, South, West and East Jakarta and using socio-legal approach, this paper reveals that the proposal for marriage dispensation by parents at religious courts increased from year to year and that the proposals were often approved by judges. It also demonstrates that judges mostly conclude that the reluctance of parents to marry their daughters is based on legal reasons so that judges often decide to appoint ‘wali hakim’, as a substitute to ‘wali nasab’.    

scholarly journals Pro and Cons Contestation on The Increase of Marriage Age in Indonesia

2021 ◽  
Vol 5 (1) ◽  
pp. 232
Author(s):  
Umi Supraptiningsih
Keyword(s):  
Islamic Law ◽  
Dropping Out ◽  
Marriage Age ◽  
Community Culture ◽  
Legal Norms ◽  
Minimum Age ◽  
Pros And Cons ◽  
The Individual ◽  
Age Of Marriage ◽  
Religious Courts

The age of marriage enhancement as mandated by Law no. 16 of 2019 is increasing the minimum age for marriage from 16 years for women and 19 years for men to 19 years for both women and men. However, this rule has not been accepted wholeheartedly by the community, so there are pros and cons. This study focuses on answering three questions: 1) Why are there pros and cons in the provisions of Law no. 16 in 2019 within a society? 2) What steps are taken by the community in violating the provisions of Law no. 16 of 2019? 3) What steps have been taken by the KUA and the Religious Courts in implementing the provisions of Law Number 16 of 2019? This research uses qualitative research with discourse analysis method. The researcher uses Pierre Bourdieu's theory to see the dynamics of the pros and cons contestation in increasing the age of marriage. With the genetic structuralism approach, to unite the origins of the individual mental structure, which is the product of the unification of the social structure that surrounds it. There are groups of people who agree to increase the age of marriage, and there are groups against it. The importance of mature marriage is to reduce divorce rates, poverty rates, children dropping out of school, maternal and child mortality rates. On the other hand, some people still prioritize the legal requirements of marriage by fulfilling the provisions of Islamic law (alternative options) not cumulative as required in the conditions for a valid marriage in the UUP. The arguments of people against the increase of marriageable age are based on the background of community culture, economic conditions, and free lifestyle of teenager. Unregistered marriage (nikah siri), legalization of marriage procedure and marriage dispensation are alternative steps taken by people who are against the increase of marriage age. KUA (religious affairs office) and the Religious Courts as the frontline in maintaining the mandate of Law no. 16 of 2019 using legal norms, still tightening the provisions on the age limit for marriage, marriage dispensation and legalization of marriage.

scholarly journals Juridical Study of the Constitutional Court's Decision No. 22/PUU-XV/2017 Regarding Restriction of Marriage Age in the Perspective of Maslahah Theory by Muhammad Saʻîd Ramaḏân Al-Bȗṯî’s and Gender Equality in Islam

AL- ADALAH ◽  
2020 ◽  
Vol 17 (1) ◽  
pp. 111-130
Author(s):  
Machrus Ali Syifa’ ◽  
Ahmad Tholabi Kharlie ◽  
Mualimin Mochammad Sahid
Keyword(s):  
Gender Equality ◽  
Court Decision ◽  
Constitutional Court ◽  
Marriage Age ◽  
Men And Women ◽  
Child Exploitation ◽  
Minimum Age ◽  
And Gender ◽  
Age Of Marriage

This article is intended to answer questions on the legal considerations of the Constitutional Court Decision No. 22/PUU-XV/2017 regarding the minimum age of marriage for women and how the Judgment is seen from the Muhammad Saʻîd Ramaḏân al-Bûṯî's maslahah theory and the theory of gender equality in Islam. From the conducted studies, several conclusions can be drawn. First, the Judge's legal considerations in canceling the minimum age of marriage in decision No. 22/PUU-XV/2017 are based on consideration of discrimination acts, health and educational aspects, child exploitation, the minimum age requirement for marriage in various countries, and policy demands related to marriage age. Second, in terms of the al-Bûṯî’s maslaẖah theory, the Constitutional Court's ruling on the equalization of marital age between men and women is not categorized as a maslahah, since it does not meet the five criteria for something to be called as a maslahah. Third, according to the gender equality theory in Islam, it can be concluded that the Constitutional Court's decision is not suitable to the theory, since the meaning of equality in Islam is not to be equal but rather to the fulfillment of rights according to the level of needs. 

scholarly journals Sociological Aspects of Judges in Granting Applications for Marriage Dispensation (Study of Determination Number: 0038/Pdt.P/2014/PA.Pt)

2020 ◽  
Vol 2 (2) ◽  
pp. 159
Author(s):  
Arina Hukmu Adila
Keyword(s):  
Empirical Method ◽  
Men And Women ◽  
The People ◽  
Minimum Age ◽  
Psychological Maturity ◽  
Age Limit ◽  
Religious Courts

<p>Many children have a pregnancy out of wedlock. Many factors make the parents marry off their underage children who are pregnant out of wedlock, by applying for matrimonial dispensation to the Religious Courts. Law Number 1 Year 1974 on Marriage has set a minimum age limit for men and women to marry with age and psychological maturity considerations, for the realization of the purpose of the marriage. This study uses a juridical-empirical method, which will see the Religious Courts as the authorized institution, having particular considerations in granting marriage dispensation applications in order to fulfill the rights of the people and to preserve the order of life in the community.</p><p align="center">[]</p><p><em>Banyak terjadi anak-anak mengalami kehamilan di luar nikah akibat dari pergaulan yang terlalu bebas antara laki-laki dan perempuan. Banyak faktor yang membuat orang tua menikahkan anaknya yang masih di</em><em> </em><em>bawah umur yang hamil di luar nikah, yakni dengan mengajukan permohonan dispensasi kawin ke Pengadilan Agama. Undang-undang Nomor 1 Tahun 1974 tentang Perkawinan telah menentukan batas usia minimum bagi laki-laki dan perempuan untuk menikah dengan pertimbangan kematangan usia dan psikologis, demi terwujudnya tujuan pernikahan tersebut. Penelitian ini menggunakan metode yuridis-empiris, yang akan melihat Pengadilan Agama sebagai lembaga yang  berwenang, memiliki pertimbangan-pertimbangan tertentu dalam mengabulkan permohonan dispensasi kawin dengan tujuan untuk memenuhi hak-hak masyarakat.</em></p>

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 Determinants of Adaptation to Climate Change: A Gendered Analysis from Bahi and Kondoa Districts, Dodoma Region, Tanzania

2017 ◽  
Vol 10 (2) ◽  
pp. 155
Author(s):  
Okuli William Swai
Keyword(s):  
Climate Change ◽  
Climate Change Adaptation ◽  
Multinomial Logit Model ◽  
Adaptation To Climate Change ◽  
Adaptation Measures ◽  
Cross Sectional ◽  
Men And Women ◽  
Land Size ◽  
Adaptation Options ◽  
Main Factor

Although various long term adaptation measures are currently implemented by farmers to adapt to the effects of climate change in Tanzania, information regarding factors determining choice of adaptation options between men and women is scarce. A gendered analysis was done to analyze determinants of adaptation to climate change in Bahi and Kondoa Districts, Dodoma Region, Tanzania. A cross-sectional research design was adopted whereby the data was collected from a sample of 360 respondents, 12 focus groups and 18 key informants. Analysis of quantitative data involved descriptive statistics and multinomial logit model using Nlogit 3.0 and qualitative data were summarized by using content analysis. Results revealed that the main occupation and land size were the main factors that determined adaptation options for men during food shortage while for women, the main factor was marital status. The village/location of respondents was the main factor that determined climate change adaptation option for women to adapt crops to climate change whereas, for men, access to agricultural knowledge was the main factor that encouraged men to use improved seeds, manure and deep cultivation, instead of selecting and keeping enough seeds for the next season. It is concluded that factors determining choice of climate change adaptation between men and women are not the same, emphasizing the need for gender differentiated interventions to promote climate change adaptation. Thus, planners and policy makers from Agriculture, Livestock and Environment sectors; Tanzania NAPA and other development practitioners dealing with climate change should use gender sensitive interventions to manage climate change.

scholarly journals Legal Regulation of the Minimum Marriage Age: The Past and the Present

2020 ◽  
Vol 15 (8) ◽  
pp. 84-95
Author(s):  
E. E. Lekanova
Keyword(s):  
Detailed Comparison ◽  
Legal Regulation ◽  
Marriage And Family ◽  
Marriage Age ◽  
Unsuccessful Attempt ◽  
Domestic Legislation ◽  
Minimum Age ◽  
The Russian Empire ◽  
A Minor ◽  
Age Of Marriage

The legal regulation of the features of marriage in a minor age has a millennium history. The analysis of legal regulation of the marriage age in Russia, the Russian Empire and the RSFSR shows that the models of the legal regulation of the minimum marriage age are divided into simplified and differentiated ones (gender differentiated, nationally differentiated and socially differentiated models). The author concludes that in domestic legislation the minimum age of marriage always depended on various circumstances. Until 1926, there was a gender-differentiated model of the legal regulation of the minimum age of marriage. A nation-differentiated model existed in the prerevolutionary and Soviet era in relation to the inhabitants of Transcaucasia. Since 1926, in the territory of the RSFSR, a socio-differentiated model of the legal regulation of the minimum age of marriage was consolidated in law. According to this model the minimum age of marriage was reduced due to special social circumstances. Family laws of the Russian Federation made an unsuccessful attempt to implement the nation-differentiated model of the legal regulation of the minimum age of marriage. The modern Russian model of legal regulation of the minimum age of marriage is socio-differentiated. The paper also carries out a detailed comparison of the three socio-differentiated models of the legal regulation of the minimum age of marriage (the model under the Soviet Code of Marriage, Family and Custody of the RSFSR (1926—1968), the model under the Code of Marriage and Family of the RSFSR (1969—1995), the contemporary model); analyzes the differences and shortcomings of these models; suggests ways to eliminate them.

scholarly journals Dispute Settlement Practices through the Religious Court’s Mobile Court (Sidang Keliling)

FIAT JUSTISIA ◽  
2020 ◽  
Vol 14 (3) ◽  
pp. 287
Author(s):  
Hazar Kusmayanti ◽  
Sherly Ayuna Puteri
Keyword(s):  
Control System ◽  
Dispute Settlement ◽  
Low Cost ◽  
Effective Control ◽  
Circuit Court ◽  
Procedural Law ◽  
To Come ◽  
Circuit Courts ◽  
Religious Courts

This research is attempted to analyze the practices of mobile court and compare it with others. Based on the results of the study, the conclusions that can be obtained are that the implementation of the circuit court conducted at the Tasikmalaya District Religious Court has fulfilled several principles of civil procedural law, namely fast, simple and low cost. Among them when people who experience obstacles to come to the court office for reasons of distance, transportation and costs of the court come directly to the location, the bureaucracy is not complicated meaning that the implementation of the trial must be completed no later than 4 times the hearing, and the existence of an effective control system and various elements. Obstacles in the conduct of circuit courts include no standard guidelines for the holding of circuit courts, not all cases registered by residents are resolved in circuit courts, limited budgets, cases that have not been heard are all without prodeo, facilities and infrastructure, and not all religious courts hold circuit courts.

Kedewasaan Usia Perkawinan Perspektif Hadis Nabi Muhammad dengan Pendekatan Interkoneksitas Maslahah

2021 ◽  
Vol 15 (1) ◽  
pp. 83-98
Author(s):  
Abdul Gaffar ◽  
M Ali Rusdi ◽  
Akbar Akbar
Keyword(s):  
Married Couple ◽  
Marital Problems ◽  
Marriage Age ◽  
Social Maturity ◽  
Minimum Age ◽  
Primary Reference ◽  
The Government ◽  
Marital Success ◽  
Age Of Marriage ◽  
The Ideal

Indonesian Muslims have not maximally applied maturity of marriage age as an important aspect in obtaining marital success. Apart from the concept of maturity of diverse marriage age, divorces and many marital problems based on the immaturity of a married couple still rife in Indonesia. The government has even issued regulations related to the age of marriage through Law number 1 of 1974 that was revised by Law number 16 of 2019, which stipulates that marriage is limited to a minimum age of 19 years for the two brides. This article aims to find the concept of quality-oriented marriage age to complement the quantity-oriented idea as applied by the Indonesian government and as understood differently by Muslims based on the opinions of the scholars (‘ulamā). This article abstracts the concept of the ideal age of marriage from the instructions of the Prophet Muhammad PBUH as the primary reference of Islamic teachings by discussing the hadīth using the ma‘ānī al-ḥadīṡ analysis with three interpretation techniques namely textual, intertextual, and contextual interpretation to obtain comprehensive meaning. The results of the examination show that the hadīth requires the criteria for the maturity of the marriage age in the form of religious, physical, financial, and social maturity. These qualitative criteria fulfill the element of maqāṣid al-syarī‘ah and are interconnected so that they should be actualized as a new basis in the formulation of policies related to the maturity of marriage age in Muslim societies.

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