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 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.

scholarly journals METODE PENGASUHAN ANAK PASANGAN PERNIKAHAN DINI (STUDI KASUS TIGA KELUARGA PERNIKAHAN DINI DI KECAMATAN PONJONG KABUPATEN GUNUNGKIDUL DAERAH ISTIMEWA YOGYAKARTA)

2020 ◽  
Vol 16 (2) ◽  
pp. 166-179
Author(s):  
Siti Rofingah
Keyword(s):  
Government Policy ◽  
Case Study Research ◽  
Field Research ◽  
Research Field ◽  
Early Marriage ◽  
Data Presentation ◽  
Analysis Techniques ◽  
Minimum Age

Abstract This research was conducted with the aim of describing the childcare methods carried out by three early marriage families in Ponjong District, Gunungkidul Regency. The background of this research is the existence of government policy in Law Number 1 of 1974 article 7 paragraph (1) concerning Marriage which explains the minimum age limit for marriage so that the benefit of the household is achieved, but the phenomenon of early marriage is still happening in the District of Ponjong Regency Gunungkidul, even able to maintain the household and be able to carry out childcare duties at a young age if reviewed psychologically immature mentally, emotionally, psychologically and physically. This type of research is a qualitative research with a type of case study research (field research). Determination of informants by purposive sampling. The subjects of this study were three families of early marriage, children of early marriage partners (if they were able to provide information) and the Young Clerk of the Wonosari Religious Court Law. Then, the object of research is the method of parenting early marriage partners. Data collection techniques used were observation, interviews, and documentation. While the data analysis techniques used are data reduction, data presentation and conclusion making. The results showed that the methods carried out by early marriage couples included exemplary education methods, methods through habituation, education methods through advice and dialogue, as well as education methods through the awarding and punishment. The three early marriage families apply a number of collaborative methods for parenting. Keywords: childcare methods, early marriage.

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.

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 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.

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 UNDER-AGE MARRIAGE IN PLURALIST ASIA: AN ANALYSIS OF RELIGIOUS AND SECULAR LAWS OF SOUTH ASIAN COUNTRIES

2012 ◽  
Vol 18 (2) ◽  
Author(s):  
Usha Tandon
Keyword(s):  
South Asia ◽  
Geographical Area ◽  
Early Marriage ◽  
Ethnic Communities ◽  
Asian Countries ◽  
Girl Child ◽  
Rights Of The Child ◽  
High Incidence ◽  
Minimum Age ◽  
Age Of Marriage

In pluralistic and multi-religious Asia, South Asia is a region with a high incidence of under-age marriage amongst the developing countries of the world. The prevalence of early marriage in these countries, however, varies according to the geographical area or the existence of particular ethnic communities residing in that region. While such marriage takes different forms and has various causes, one concern is overriding, i.e., it results in multi-faced violation of the human rights of the child particularly the girl child. It is disheartening to mention that the practice of under-age marriage is prevalent in South Asia, despite the fact that these countries have laws prescribing minimum age of marriage. The customs, however, override the written laws and marriages are performed in gross violation of national laws.

scholarly journals Child marriage briefing: Nigeria

2005 ◽  
Author(s):  
Keyword(s):  
State Level ◽  
Early Marriage ◽  
Child Marriage ◽  
Federal Law ◽  
Child Rights ◽  
Aids Epidemic ◽  
High Prevalence ◽  
Minimum Age ◽  
Age Of Marriage ◽  
Legal Marriage

This brief provides an overview of child marriage as well as the particulars of child marriage in Nigeria, one of the poorest countries in the world. More than two out of three Nigerians live on less than US$1 a day, and life expectancy is 52 years. The HIV/AIDS epidemic has had a devastating effect on the country, and Nigeria has some of the highest rates of early marriage worldwide. The Child Rights Act, passed in 2003, raised the minimum age of marriage to 18 for girls. However, federal law may be implemented differently at the state level, and to date only a few of the country’s 36 states have begun developing provisions to execute the law. Domestic violence is widespread and a high prevalence of child marriage exists. Nationwide, 20 percent of girls are married by age 15, and 40 percent are married by age 18. Although the practice of polygyny is decreasing, 27 percent of married girls aged 15–19 are in polygynous marriages. Included in this brief are recommendations to promote later, chosen, and legal marriage.

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