scholarly journals Consistency implementation of the regulation on young marriage in Indonesia

2020 ◽  
Vol 28 (2) ◽  
Author(s):  
Darmadi Darmadi

The amendment of Law Number 1 of 1974 to Law Number 16 of 2019 concerning Marriage, especially Article 7 paragraph (1) concerning the age of marriage for the prospective bride, is equal to the age of the prospective groom, which is 19 years. Meanwhile, young age is that the prospective brides are still under 19 years old. This has indeed been required by the legislators so that the prospective bride and groom have a mature mindset and do not easily marry and divorce in married life but in reality what happens in society can cause new problems, namely the prospective bride and groom together. The objectives of this study were to find out the consistency of the application of article 7 of Law Number 16 of 2019, amendments to Law Number 1 of 1974 regarding the incidence of marriage at a young age, and to determine the impact of marriage at a young age and some of the problems that accompany it. The method of this study was the Juridical Empirical method or sociological research. This research was carried out either through observation and interviews in the form of a Religious Court Decision Letter regarding marriage permits. This was done and demonstrated through data in the field, the point of an empirical approach as a social-cultural reality. The result of this research showed that the consistency of the application of article 7 paragraph 1 regarding the age limit in marriage as stipulated in Law Number 16 of 2019 as a result of the Amendment of Law Number 1 of 1974 concerning Marriage was still not fully implemented. It was proven that there were still many people who not yet aware of the consequences of young marriage. The impact of young marriage was very large from various points of view.

2018 ◽  
pp. 166-178
Author(s):  
Rosdiana Rosdiana ◽  
Arman Arman ◽  
Andi Multazam

Sasak language Merariq is a verb that is generally meant as a unity of action pre-wedding begins with the escape of girls (the prospective wife) from the supervision of the guardian and simultaneously serve as a procession of early marriage. There are various interpretations in interpret merariq, some interpret it as the process of escape (with the consent of both partners), there are also interpreted as an act of stealing, Sasak language called memaling a girl from the supervision of the person her parents. This research aims to examine and analyze information in depth about the custom merarik. Type a descriptive qualitative research. The results of this research are sasak community interpret merarik as the event of theft of the girl from the parental controls either with the consent or without the consent of a parent or guardian. Most sasak communities do merarik because it has become a tradition of the local community. In this case, Islam does not forbid the practice of merarik origin against corresponding to phases as well as the actual procedure. As for the impact caused is one of them raise the age of marriage of young age. If women get married at a young age a lot once a given impact due to unpreparedness both physical and psychic, in addition, merarik very vulnerable creates a conflict between the two sides if there is one party that is not a registered user agreement. It is hoped this research can contribute to the prevention of marriage due to the young age of merarik. As well as the necessity of granting of socialization to society Sasak about how the nature of the custom merarik is actually so no more self-contradictory the associated practice of merarik.


Author(s):  
Anna Marsella ◽  
Amrullah Hayatudin ◽  
Encep Abdul Rojak

Abstract. Islam does not discuss the age limit for conducting marriages clearly, in contrast to Law Number 1 of 1974 juncto Law Number 16 of 2019 concerning Marriage regulates the marriage age limit of 19 years for men and women, however early childhood marriage is still rife in the community, especially in Langensari Village, Tarogong Kidul District, Garut Subdistrict. Formulation of the problem namely: How is the legal review of early marriage according to Islamic Law and Law No. 1 of 1974 in conjunction with Law No. 16 of 2019 concerning marriage? What are the factors underlying the occurrence of early marriage in Langensari Village? What is the impact of early marriage for a married couple in Langensari Village?The purpose of this study are: To find out the legal review of early marriage according to Islamic Law and Law No. 1 of 1974 in conjunction with Law No. 16 of 2019 concerning Marriage, the factors underlying the occurrence of early marriage and the impact of early marriage for married couples in Langensari Village. The research method used was interview and literature study.The results of the study: Islamic law allows early marriage, with the condition that it has been agreed upon, Law No.1 Year 1974 juncto Law No. 16 of 2019 concerning marriage, limiting the age of marriage and dispensation for irregularities. Factors causing: internal factors, namely the emergence of love, love, affection, avoiding adultery, have been able to fulfill and be responsible, external factors are caused by geographical factors, social media abuse, MBA, doctrine of religious figures, excessive parental fear. Impacts of early marriage: positive effects, namely reducing cases of sexual harassment, guarding the environment of society and mutual respect, negative impacts of miscarriages, undernourished children, frequent quarreling and increasing the burden on parents.Keywords: Limitation of Marriage Age, Islamic Law, Impact of Early Marriage Abstrak. Agama Islam tidak membahas mengenai batasan usia untuk melaksanakan perkawinan secara jelas, berbeda dengan Undang-undang Nomor 1 Tahun 1974 juncto Undang-undang Nomor 16 Tahun 2019 Tentang Perkawinan mengatur batasan usia perkawinan yaitu 19 tahun untuk pria dan wanita, namun perkawinan usia dini masih marak terjadi di masyarakat, khususnya di Desa Langensari Kecamatan Tarogong Kidul Kabupaten Garut. Rumusan masalah yaitu: Bagaimana tinjauan hukum tentang perkawinan usia dini menurut Hukum Islam dan Undang-Undang No. 1 Tahun 1974 juncto Undang-undang No. 16 Tahun 2019 Tentang Perkawinan? Apa faktor-faktor yang melatarbelakangi terjadinya perkawinan usia dini di Desa Langensari? Bagaimana dampak dari perkawinan usia dini bagi pasangan suami istri di Desa Langensari?Tujuan penelitian ini yaitu: Untuk mengetahui tinjauan hukum tentang perkawinan usia dini menurut Hukum Islam dan Undang-Undang No. 1 Tahun 1974 juncto Undang-undang No. 16 Tahun 2019 Tentang Perkawinan, faktor-faktor yang melatarbelakangi terjadinya perkawinan usia dini dan dampak dari perkawinan usia dini bagi pasangan suami istri di Desa Langensari. Metode Penelitian yang digunakan adalah wawancara dan studi pustaka.Hasil penelitian: Hukum Islam membolehkan perkawinan usia dini, dengan syarat sudah baligh, Undang-undang No.1 Tahun 1974 juncto Undang-undang No. 16 Tahun 2019 Tentang Perkawinan, membatasi usia perkawinan dan diberlakukan dispensasi atas penyimpangan. Faktor penyebab: faktor internal yaitu timbulnya rasa suka, cinta, sayang, menghindari zina, sudah mampu mencukupi dan bertanggung jawab, faktor eksternal yaitu disebabkan oleh faktor geografis, penyalahgunaan sosial media, MBA, doktrin tokoh agama, ketakutan orang tua yang berlebihan. Dampak perkawinan usia dini: dampak positif yaitu mengurangi kasus pelecehan seksual, terjaganya lingkungan peguyuban dan saling menghormati, dampak negatif yaitu terjadinya kasus keguguran, anak berstatus gizi kurang, sering bertengkar dan menambah beban orang tua.Kata kunci: Batasan Usia Perkawinan, Hukum Islam, Dampak Perkawinan Usia Dini


2016 ◽  
Vol 2 (1) ◽  
Author(s):  
Ahmad Zainal Abidin ◽  
Maslichah Maslichah

ABSTRAKPernikahan usia muda adalah bentuk ikatan pernikahan dimana usia yang seharusnya belum siap untuk melaksanakan suatu ikatan pernikahan. Alasan yang mencetuskan timbulnya pernikahan usia muda adalah bisa faktor ekonomi. Ikatan pernikahan dini bisa dari keadaan keluarga yang tergolong dalam garis ekonomi menengah ke bawah atau dalam lingkup kemiskinan. Penelitian ini adalah penelitian kualitatif yang menggunakan pendekatan fenomenologi. Penelitian ini bertujuan untuk memahami fenomena tentang apa yang dialami oleh objek penelitian secara mendalam. Hasil penelitian menunjukkan alas an menikah di usia muda karena adanya factor kemauan diri sendiri, adat istiadat, kemauan orang tua dan juga terdapat dampak dari pernikahan usia dini adalah adanya perasaan posistif dan negative serta keguguran dikarenakan endometrium immature, pertumbuhan hasil konsepsi. Kesimpulan penelitian ini adalah kehamilan usia muda merupakan kehamilan dengan banyak resiko, baik dari segi psikologis dan kesehatan. Perlu dilakukan penelitian yang lebih spesifik tentang dampak pernikahan usia dini.Kata Kunci:Pernikahandini, Keguguran ABSTRACTMarriage a young age is a form bonds of marriage where age should not yet ready to perform a marriage. The reason that sparked the emergence of the young age of marriage is to be an economic factor. Early marriage bond can be from the state of the family belonging to the lower economic line or within the scope of poverty.This study is a qualitative research using the phenomenological approach. This study aims to understand the phenomenon of what is experienced by objects in-depth study. The results showed the reason to marry at a young age because of their willingness factors themselves, customs, parents' concern and there is also the impact of early marriage is their positive and negative feelings and kuguguran due to immature endometrium, the growth of the conceptus.It is concluded that young age pregnancy is a pregnancy with a lot of risk, both in terms of psychological and health. Need to do more specific research on the impact of early marriage. Keywords: Early Marriage, Miscarriage


Al-MAJAALIS ◽  
2020 ◽  
Vol 8 (1) ◽  
pp. 87-122
Author(s):  
Muhammad Nurul Fahmi

Various countries including Indonesia have enacted laws regulating the age limit for marriage. The determination of thelimit is certainly not free from criticism and controversy. On the other hand, the presence of a state to regulate people's affairs is highly emphasized in Islam, both relating to religious issues and world problems.This is what is known as siyasah shar'iyah ‘good governance in Islam’. However, the determination of the age limit for marriage needs to be studied further from the perspective of siyasah shar'iyah. This study aims to determine the general concept of siyasah shar'iyah, the stipulation of the age of marriage in Islam, the age limit for marriage in Indonesia, and the conformity of these rules to the concept of siyasah shar'iyah.This research is a library research that uses a qualitative approach. The results of this study indicate that the general concept of siyasah shar'iyah is the authority of the leader to regulate matters that have not been determined by sharia arguments, as well as things in sharia that are not permanent or have many legal points of view. As for the age limit for marriage, it is not specified in Islam. However, a guardian (father) may even marry off their young children. Meanwhile in Indonesia, a person is not allowed to get married before reaching the age of 19, whether male or female. This stipulation of the age limit for marriage is not in line with the concept of siyasah shar'iyah. As this has legal consequences that are contrary to what has been established by Islam through the sharia argument, which is that it is permissible for someone to marry under that age.On the other hand, it also contradicts the recommendation of the Sharia to hasten marriage if it is possible.


Author(s):  
OLEKSANDR STEGNII

The paper analyses specific features of sociological data circulation in a public space during an election campaign. The basic components of this kind of space with regard to sociological research are political actors (who put themselves up for the election), voters and agents. The latter refer to professional groups whose corporate interests are directly related to the impact on the election process. Sociologists can also be seen as agents of the electoral process when experts in the field of electoral sociology are becoming intermingled with manipulators without a proper professional background and publications in this field. In a public space where an electoral race is unfolding, empirical sociological research becomes the main form of obtaining sociological knowledge, and it is primarily conducted to measure approval ratings. Electoral research serves as an example of combining the theoretical and empirical components of sociological knowledge, as well as its professional and public dimensions. Provided that sociologists meet all the professional requirements, electoral research can be used as a good tool for evaluating the trustworthiness of results reflecting the people’s expression of will. Being producers of sociological knowledge, sociologists act in two different capacities during an election campaign: as analysts and as pollsters. Therefore, it is essential that the duties and areas of responsibility for professional sociologists should be separated from those of pollsters. Another thing that needs to be noted is the negative influence that political strategists exert on the trustworthiness of survey findings which are going to be released to the public. Using the case of approval ratings as an illustration, the author analyses the most common techniques aimed at misrepresenting and distorting sociological data in the public space. Particular attention is given to the markers that can detect bogus polling companies, systemic violations during the research process and data falsification.


Religions ◽  
2021 ◽  
Vol 12 (7) ◽  
pp. 513
Author(s):  
Ihsan Yilmaz

Religion in the hands of authoritarian governments can prove to be an effective political instrument to further their agenda. This paper attempts to explore this aspect of authoritarianism with the case of Turkish family laws under Erdoganist Islamist legal pluralism. The paper analyzes the AKP’s government’s attempts at pro-Islamist legislation, fatwas produced by Diyanet (Turkish Directorate of Religious Affairs) and by pro-government right-wing religious scholars to explore the changes that have occurred, both formally and informally, in the largely secular family laws of the Republic of Turkey in the last decade. By focusing on the age of marriage, this paper tries to understand the impact of Islamist legal pluralism and unofficial Islamist laws on the formal legal system as well as the social implications of this plural socio-legal reality, particularly for vulnerable groups such as the poor, refugees, children, and women. The trends demonstrate the informal system’s skew towards Islamism, patriarchy and disregard for fundamental rights. This Islamist legal plurality almost always operates against the women and underage girls, which creates profound individual and social problems. The paper concludes by pointing out the critical issues emerging in the domain of family law due to the link between the growing power of Islamist legal pluralism and its political instrumentalization by the Justice and Development Party (AKP).


2017 ◽  
Vol 7 (2) ◽  
pp. 115
Author(s):  
CIDUI Organising Comittee ◽  
Beatriz Amante ◽  
María Martínez

The Organising Committee of the 9th International Conference on University Teaching and Innovation (CIDUI) wishes to thank the Editorial Board of the Journal of Technology and Science Education (JOTSE) for publishing this special issue.Since the year 2000, a new CIDUI conference has been held every two years. Today, it is a well-established event that provides an opportunity to share advances and innovation in the field of higher education.Like the previous editions, this one was also committed to fostering an especially participatory working dynamic and to promoting different points of view. The programmed debates were complemented by contributions from recognised specialists regarding the main topic of the conference: Learning and teaching innovation impacts. In relation to this general subject, papers were specifically focused on one of the four thematic axes proposed for this edition:Analysis of the impact on university teaching and learningNew training scenesProfessional DevelopmentInnovative methodologies in teaching – learning processesThe present special issue of the Journal of Technology and Science Education - JOTSE consists of eleven papers. 


2018 ◽  
Vol 69 (3) ◽  
pp. 207-229
Author(s):  
Bernardin Senadza ◽  
Edward Nketiah-Amponsah ◽  
Samuel Ampaw

Abstract This paper examines the impact of participation in both farm and nonfarm activities on both household consumption expenditure per adult equivalent and household per capita income, in rural Ghana. The objective is to ascertain whether the results are sensitive to the choice of well-being measure. We use a nationally representative dataset on 8,059 rural farm households collected in 2012/13. In order to account for potential selectivity and endogeneity biases, which previous studies failed to correct for, we adopt the endogenous switching regression (ESR) estimation technique. We find diversified households to be systematically different from their undiversified counterparts in terms of socioeconomic and demographic centeracteristics, thus justifying the empirical method used. Our results indicate a higher observed mean consumption for the diversified sub-sample compared to its counterfactual, implying that households participating in nonfarm enterprise activities in addition to farming have greater mean consumption compared to households engaged solely in farming. Similar conclusions are reached when income instead is used as the well-being indicator. Our findings, thus, indicate that the well-being implication of farm-nonfarm diversification is insensitive to the choice of well-being measure.


2018 ◽  
Vol 10 (0) ◽  
pp. 1-7
Author(s):  
Huriye Armagan DOGAN

Memento value in heritage is one of the most essential characteristics facilitating the association between the environment and its users, by connecting structures with space and time, moreover, it helps people to identify their surroundings. However, the emergence of the Modern Movement in the architectural sphere disrupted the reflection of memory and symbols which serve to root the society in its language. Furthermore, it generated an approach that stood against the practice of referring to the past and tradition, which led to the built environment becoming homogeneous and deprived of memento value. This paper focuses on the impact of memento value on the perception and evaluation of cultural heritage. Furthermore, it investigates the notions which are perceived to influence the appraisal of cultural heritage by applying them to the Kaunas dialect of the Modern Movement with an empirical approach.


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