scholarly journals Nikah Dini Dari Berbagai Tinjauan: Analisis Kombinasi Tematik dan Holistik

2009 ◽  
Vol 8 (2) ◽  
pp. 185
Author(s):  
Khoiruddin Nasution
Keyword(s):  
Government Regulation ◽  
Historical Background ◽  
Child Marriage ◽  
Marriage Law ◽  
Negative Effect ◽  
Holistic Analysis ◽  
The Law ◽  
Islamic Marriage

The negative effect of child marriage is one of the historical background of the promulgation of marriage law of Indonesia no. 1 of 1974 and its government regulation. Howwever, the ultimate goal of the promulgation of the law seems never able to achieve. The main reason of the failure is always argument that the Indonesian marriage law is not accordance with Islamic marriage law. The article tries to prove that child marriage is only possible for the prophet Muhammd Saw not for his followers. This possibility only for the prophet therefore is a kind of exceptional regulation. The conclusion is based basically on al-Qur an and sunna of the prophet from a number of perspective and combination of thematic and holistic analysis and approach.

scholarly journals ISBAT Nikah Melegalkan Pernikahan Sirri Menurut Hukum Positif Dan Hukum Agama (Studi Di Pengadilan Agama Palangka Raya)

2015 ◽  
Vol 15 (1) ◽  
pp. 94-103
Author(s):  
Sanawiah Sanawiah
Keyword(s):  
Islamic Law ◽  
Marriage Law ◽  
Positive Law ◽  
Religious Law ◽  
The Law ◽  
Marriage Laws ◽  
Islamic Marriage ◽  
Legal Marriage ◽  
Laws And Regulations

The purpose of this study was to find out what sirri marriage laws according to Islamic Law and Positive Law, to find harmony and marriage requirements and to find out how the role of Religious Court of Palangka Raya in socialization confirmation marriage. The method used in this research is the method of legal normative. As for the type of research used in this study is inventory regulations that related to confirmation of marriage legalized marriage sirri according to Positive Law and Religious Law. Law wedding sirri results according to Islamic Law and Positive Law, sirri marriage according to Islamic Law illegitimate because it does not have a guardian of marriage, while marriage sirri in the view of the majority of Indonesian society is marriage not recorded but the terms and illegitimate pillars have been met in accordance with Islamic Law. Meanwhile, according to the law of the wedding positive sirri is as where according to Marriage Law in Indonesia if a legal marriage in syar'i then legitimate also according to law "marriage is not recorded" is legal according to the laws and regulations because according to Islamic Marriage Law applicable in Indonesia is based on Article 2 (1) of Law No. 1 of 1974 in conjunction with Article 4 Compilation of Islamic Law (as ius constitutun) in conjunction with Article 3 bill-HM-PA-Bperkw 2007 (as ius constituendum).

scholarly journals Pernikahan Dini Dalam Hukum Perkawinan di Indonesia

2009 ◽  
Vol 8 (2) ◽  
pp. 223
Author(s):  
Eko Mardiono
Keyword(s):  
High Risk ◽  
Sexual Intercourse ◽  
Young Women ◽  
Social Engineering ◽  
Child Marriage ◽  
Medical Studies ◽  
Marriage Law ◽  
The Law

Contemporary Indonesians witness the rise of the popularity of marriage of the minors, despite the application of the Indonesian Marriage Law no 1/1974 that forbids child marriages for decades. The enactment of the Law decades ago was meant to be a social engineering mean to erase the practice of child marriage with social compromises. Recent research in medical studies show that there is significantly high risk for young women under 18 years old who do sexual intercourse to be infected with servick cancer. Many other research on child marriage using psychological and social approaches also suggest that actors of child marriage are of high risk of suffering from social and psychological troubles. Now, what can we do with the Indonesian Marriage Law that still endorse marriage for girls under 18 years old? This paper discusses the issues from different perspectives.

Diskresi Hukum dalam Pemberian Dispensasi Perkawinan

2020 ◽  
Vol 1 (1) ◽  
pp. 48
Author(s):  
Emanuel Boputra
Keyword(s):  
Children's Rights ◽  
Child Marriage ◽  
Constitutional Court ◽  
Marriage Law ◽  
Family Household ◽  
Legal Consideration ◽  
Age Limit ◽  
The Law ◽  
The Republic ◽  
Happy Family

ABSTRACT: Marriage is one important part in the journey of human’s life. According to the Law No. 1 of 1974 concerning Marriage, Article 1: Marriage is a physical-mental bond between a man and a woman, as a husband and a wife, aiming to create an eternal and happy family/household based on God Almighty. Marriage aims to create a happy and eternal family/household.Article 7 (1) of the Marriage Law stipulates and regulates the age limit for a marriage. A marriage is allowed when the man is at least 19 (nineteen) years old, and the woman is at least 16 (sixteen) years old. Next in the verse 2 is stated that in the event of deviating the verse 1, this article is able to request a dispensation from the Court or other Officials which is appointed by both the parents of the man and the woman. Therefore, a dispensation from the Court or other Officials, which is appointed by both the parents of the man and the woman, is required in order to hold a marriage if those minimum ages are not attained yet.Indeed, a dispensation is able to be justified based on the law aspect (a dispensation is required from the Court or other Officials, appointed by both the parents of the man and the woman, if those minimum ages are not attained yet). The submission of an application for the marriage dispensation to the Court is a legal step, chosen by the applicant in order to legalize their marriage. However, the space for dispensing various forms of child marriage is in fact a form of violation towards the children’s rights, as stated in the legal consideration of the Decree of the Constitutional Court of the Republic of Indonesia No. 22/PUU-XV/2017.Keyword: Marriage, Dispensation, Decree of Law ABSTRAK: Perkawinan merupakan salah satu bagian terpenting dalam perjalanan kehidupan manusia. Menurut ketentuan Undang-undang No. 1 Tahun 1974 tentang Perkawinan Pasal 1 : perkawinan adalah ikatan lahir batin antara seorang pria dengan seorang wanita sebagai suami isteri dengan tujuan untuk membentuk keluarga / rumah tangga yang bahagia dan kekal berdasarkan Ketuhanan Yang Maha Esa  Tujuan perkawinan adalah untuk membentuk keluarga / rumahtangga yang bahagia dan kekal.Pasal 7 (1) Undang-undang Perkawinan menetapkan dan mengatur perihal batas umur untuk melangsungkan perkawinan ; Perkawinan hanya diijinkan jika pihak pria sudah mencapai umur 19 (sembilan belas) tahun dan pihak wanita sudah mencapai umur 16 (enam belas) tahun. Selanjutnya dalam ayat 2 disebutkan bahwa; dalam hal penyimpangan terhadap ayat (1) pasal ini dapat meminta dispensasi kepada Pengadilan atau Pejabat lain yang ditunjuk oleh kedua orangtua pihak pria maupun pihak wanita. Dengan demikian apabila belum mencapai umur tersebut apabila hendak melangsungkan perkawinan diperlukan dispensasi dari Pengadilan atau Pejabat lain yang ditunjuk oleh kedua orangtua pihak pria maupun pihak wanita.Dari aspek hukum pemberian dispensasi memang dapat dibenarkan (apabila belum mencapai umur tersebut, untuk melangsungkan perkawinan diperlukan dispensasi dari Pengadilan atau Pejabat lain yang ditunjuk oleh kedua orangtua pihak pria maupun pihak wanita). Pengajuan permohonan dispensasi perkawinan ke Pengadilan adalah langkah hukum yang dipilih oleh Pemohon untuk melegalkan perkawinan. Akan tetapi “ruang” pemberian dispensasi terhadap berbagai bentuk perkawinan anak sebetulnya juga merupakan salah satu bentuk “pelanggaran” terhadap hak-hak anak, sebagai mana dinayatakan dalam pertimbangan hukum Putusan Mahkamah Konstitusi No. 22/PUU-XV/2017.Kata Kunci: Perkawinan, Dispensasi, Dekresi Hukum

scholarly journals PENCATATAN PERKAWINAN DALAM UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN PERSPEKTIF HUKUM ISLAM

2020 ◽  
Vol 4 (01) ◽  
pp. 46-73
Author(s):  
Hafidhul Umami
Keyword(s):  
Government Regulation ◽  
Islamic Law ◽  
Marriage Law ◽  
Modern Times ◽  
Early Islam ◽  
Ordinary Bond ◽  
Ancient Times ◽  
The Law ◽  
The Relationship

Marriage is a very sacred thing considering that it can legalize the relationship between a man and a woman, but many parties consider marriage to be an ordinary bond as evidenced by rampant prostitution wrapped in abusive marriages or contract marriage. It is important to overcome such things by passing the Marriage Law number 1 of 1974 concerning marriage, one of which is related to marriage registration. Islamic law does not explicitly discuss marriage registration, considering that in early Islam (ancient times) there was not much prostitution engineering in the name of marriage, in modern times there has been a lot of such prostitution to anticipate the emergence of the law on marriage registration. Marriage registration which is a government regulation does not violate the provisions in Islamic law and even supports Islamic law. Because this can bring maslahah and reject madlarat. This is in accordance with the principles of Islamic law, namely paying attention to the benefit of humans.

scholarly journals ACTUALIZATION OF ISLAMIC LAW IN MODERN LEGISLATION

2019 ◽  
Vol 7 (6) ◽  
pp. 213-222
Author(s):  
Dr. H. Umar
Keyword(s):  
Government Regulation ◽  
Islamic Law ◽  
Binding Capacity ◽  
Marriage Law ◽  
Inheritance Law ◽  
Basic Law ◽  
Statutory Law ◽  
The Law ◽  
The Republic ◽  
The Times

Islamic law in the form of legislation in Indonesia is that which is legally binding on the constitution, even its binding capacity is broader. Therefore, as an organic regulation, sometimes it is not elastic to anticipate the demands of the times and change. For example, Law Number 1 of 1974 concerning Marriage. The law contains Islamic law and is binding on every citizen of the Republic of Indonesia. Problems that occur such as in Jambi Province at this time the fiqh law which is very broad in its scope is worthy of being called "Islamic law" is marriage law, inheritance law and waqf law. Laws or provisions that are applied to administer and settle marriages, inheritance and endowments as material laws, are still diverse. Marriage and Wakaf cases are regulated in statutory law; marriage is regulated by Law No. 1 of 1974 concerning Marriage and waqf law regulated by Government Regulation No.28 of 1977; as executor of the Agrarian Basic Law of 1961. Whereas inheritance law has not been regulated by law and by itself is still guided by Jurisprudence.

scholarly journals Efektivitas Undang-Undang Nomor 16 Tahun 2019 Terhadap Pernikahan Di Bawah Umur

2021 ◽  
Vol 6 (1) ◽  
pp. 85
Author(s):  
Aulil Amri ◽  
Muhadi Khalidi
Keyword(s):  
Child Protection ◽  
Legal Aspects ◽  
Child Marriage ◽  
Legal Certainty ◽  
Marriage Law ◽  
Legal Problems ◽  
Age Limit ◽  
The Law ◽  
Legal Subjects ◽  
Legal Consequences

Legal certainty and firmness must exist in a law or regulation. Because without legal certainty, the rights of legal subjects will be taken away and neglected. Likewise, without strictness in the law, it will make legal subjects feel worried and insecure because they feel that the law does not provide protection for them. Law Number 16 Year 2019 concerning Amendments to Law Number 1 Year 1974 is deemed not to have legal certainty and firmness, because the stipulation of the age limit for marriage in this law only considers and is based on Law Number 35 Year 2014 concerning Amendments to Law Number 23 Year 2002 Concerning Child Protection. Furthermore, Law Number 16 Year 2019 still provides an opportunity for the Indonesian people to carry out child marriage. Law Number 16 Year 2019 must look at various other legal aspects and have clear legal consequences, so a comprehensive revision of this law is required. Even if possible, Law Number 1 Year 1974 must be reviewed and adjusted to the current and future legal problems. By applying the concept of benefit and rejecting harm in a law or regulation, the objectives of the law or regulation will be achieved and become effective.

scholarly journals Menakar Nilai Kemanfaatan Penangguhan Walimat Al-‘Ursy Di Masa Darurat COVID-19 Melalui Analisis Sadd Adz-Dzari’ah

2020 ◽  
Vol 10 (1) ◽  
pp. 27-38
Author(s):  
M Nur Kholis Al Amin
Keyword(s):  
Marriage Law ◽  
Literature Research ◽  
Pandemic Virus ◽  
The Law ◽  
The Government ◽  
Large Groups ◽  
Islamic Marriage

In the study of Islamic marriage law, the law of carrying out walimat al-‘ursy is sunnah muakkad. However, in connection with the Covid-19 Pandemic Virus, it was banned temporally by the government, even through a circular number; P-004/DJ.III/ Hk.007/04/2020, issued by the Ministry of Religion. By literature research known that Prohibition and prevention aimed at gathering people in large groups, both in terms of ibadah and muamalat is an attempt to break the chain of the spread of the COVID-19 virus pandemic. Therefore, further studies on prevention, especially prevention of the implementation of the walimat al-‘ursy during the COVID-19 virus pandemic will be examined through the analysis of sad adz-dzari'ah.

scholarly journals Abolishing Child Marriage in Indonesia’s Marriage Law through Feminist Legal Theory and Child’s Rights Approach

2020 ◽  
Vol 25 (2) ◽  
pp. 117
Author(s):  
Atnike Nova Sigiro
Keyword(s):  
Civil Society ◽  
Judicial Review ◽  
Legal Theory ◽  
Child Marriage ◽  
Constitutional Court ◽  
Marriage Law ◽  
Feminist Legal Theory ◽  
Minimum Age ◽  
The Law ◽  
Gender Based

<div>The Law No. 1 year of 1974 on Marriage Law had set the minimum age for marriage of 16 years old for women and 19 years old for men. This minimum age for setting up marriage is not only a form of legalization for conducting child marriage, but also a form of legalized gender-based discrimination, particularly against girls. In 2019, the Law was finally revised thus the discriminating set of minimum</div><div>age for marriage was abolished, and the minimum age was set into 19 years old for both women and men. Koalisi 18+ is a civil society network in Indonesia, which work to abolish legalized child marriage through the revision of Marriage Law. They work through judicial review of the Marriage Law at the Constitutional Court, and also through encouraging revision of the Marriage Law at the parliament</div><div>(DPR). This article describes and analyze the key discourses appeared during the effort to abolish and revise the Marriage Law No.1 Year 1974 through child’s rights and feminist legal approaches.</div>

scholarly journals ITSBAT NIKAH DECISIONS ISSUED BY THE RELIGIOUS COURTS OF CLASS 1A BENGKULU ON THE SPOUSES WHOSE ABSENCE IN MARRIAGE DOCUMENTS ACCORDING TO ISLAMIC MARRIAGE LAW

2020 ◽  
Vol 9 (2) ◽  
pp. 135-146
Author(s):  
Kurniadi Agusta ◽  
Sirman Dahwal ◽  
Mohammad Darudin
Keyword(s):  
Research Method ◽  
Inductive Method ◽  
Marriage Law ◽  
Legal Standing ◽  
Empirical Law ◽  
The Law ◽  
Religious Courts ◽  
Islamic Marriage ◽  
Legal Consequences

In Bengkulu city, there is a marriage phenomenon done by the cultural law but not legally acknowledged in the data of ministry of religious office. Such a particular situation results in the absence of legal standing in terms of data. This being the case, spouses then ask for official marriage decisions or itsbat Nikah   to the office of ministry of religious so that they would receive marriage letter. To answer the problems, the method used is empirical law research method. Data are obtained through observation and interviews to informant judges, clerks and seekers of justice who apply for marriage. Furthermore, it is analyzed by qualitative juridical with deductive and inductive method, thus it can be drawn a conclusion to answer from every existing problem. The results of this study indicate that: 1) many spouses do not have a marriage document since they avoid sin due to adultery, and feel not ready materially and socially, become pregnant out of marriage, and are overwhelmed with the assumption that whether having marriage documents or not will be the same, 2) the legal consequences of marriage without a marriage certificate are considered invalid because such a marriage is illegal under the law No. 1/1974 stating that the wife also has no right to the livelihood and inheritance of the husband if he dies and is not entitled to, (3) the religious courts of Bengkulu states that it is important to issue the-so-called itsbat Nikah   or official documents to the spouses who have yet to legally declare their marriage as stated in the decree No.1/1974 for the betterment of the society. 

scholarly journals CHILD MARRIAGE CONDITIONALITY AND ITS DISPENSATION IN MAHKAMAH SYAR’IYAH ACEH, INDONESIA

2021 ◽  
Vol 1 (1) ◽  
pp. 66-75
Author(s):  
Raudhatul Jannah ◽  
M. Ya’kub Aiyub Kadir
Keyword(s):  
Child Marriage ◽  
Marriage Law ◽  
Legal Research ◽  
Legal Problems ◽  
The Law ◽  
Keywords Child ◽  
Children Rights

This research aims to explain the policy regarding the conditionality and its dispensation of child marriage and to find out the effectiveness of the Law Number 16 Year 2019 Concerning the Amendment of Law Number 1 Year 1974 Concerning Marriage Law as well as the implementation of child marriage conditionality in Aceh by analysing Mahkamah Syar’iyah decisions. This research uses normative empirical legal research which mostly discusses on the Marriage Law and focuses on the norms regarding the conditionality and its dispensation of child marriage that is regulated under the Marriage Law and the implementation in Aceh. Keywords : Child Marriage, Children Rights, Legal problems, Mahkamah Syar’iyah.

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