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 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.

scholarly journals PENGUATAN REGULASI DALAM PENCEGAHAN DAN PENANGGULANGAN PERKAWINAN ANAK

2019 ◽  
Vol 1 (1) ◽  
pp. 75-87
Author(s):  
Nurnazli Nazli
Keyword(s):  
Child Marriage ◽  
Age Difference ◽  
Negative Effects ◽  
Indonesian Government ◽  
The Supreme Court ◽  
The Family ◽  
Minimum Age ◽  
The Government ◽  
The One ◽  
Age Of Marriage

This article elaborates on solutions to promote and strengthen the regulation preventing child marriage practices in Indonesia, so the purpose of marriage that to create a happy and eternal family will be created based on the One True God. The equality paradigm in determining the minimum age of marriage has been realized by the Indonesian Government by raising Law No. 16 of 2019 on Amendment to Law No 1 of 1974 on Marriage. Article 7 paragraph (1) on the Post Revised Marriage Law explains that the minimum age for a marriage is 19 years and no age difference between spouses (men and women). The purpose of the Act is the Indonesian government can be more serious in minimizing the child marriages that still happen today. This research found that the following steps can strengthen the regulation preventing child marriage. First, create intense communication within the family. Secondly, it involves the judiciary in the context of enforcing rules regarding the age limit of marriage. Third, the Supreme Court must immediately make rules that can complicate marriage dispensation. Fourth, providing socialization related to the rule of law regarding the minimum age for marriage and counseling about the negative effects of child marriage. Fifth, open opportunities for adolescents to develop their potential, so that the gap in the child marriage can be minimized. To realize these steps, the government, parents and the community must work together in accordance with their respective capacities.

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 MODEL PEMBELAJARAN PESANTREN DALAM MEMBINA MORALITAS SANTRI DI PONDOK PESANTREN SABILUL HASANAH BANYUASIN

2020 ◽  
Vol 2 (1) ◽  
pp. 103-116
Author(s):  
Ema Dwi Fitriyani ◽  
Abu Mansur ◽  
Syarnubi Syarnubi
Keyword(s):  
External Factor ◽  
Field Research ◽  
Data Display ◽  
Case Study Approach ◽  
Internal Factor ◽  
Analysis Techniques ◽  
Study Approach ◽  
Negative State ◽  
The Family

Morality children in Indonesia have experienced morality degradation which is very concering starting from, drug abuse, student brawls, and criminal acts. The cause of the decline in child morality is deviant associations, the entry of westernized culture, resulting in a negative state. There fore we need an educational instution that can foster children’s morality, one of which is the pesantren eductional instution. This study aims to determine what learning models are carried out by pesantren in fostering the morality of students. And to find out what factor support and hinder the pesantren of student’s morality In pesantren Sabilul Hasanah.. This research includes qualitative field research, using a case study approach  to perfrom deep ekspolasi and research informants using purposive sampling. Data collection techniques using, observation, interviews, and documentation while the data analysis techniques uses data reduction, data display and verification. The results of this study indicate that the pesantren learning model in fostering the morality of students in pondok pesantren Sabilul Hasanah Banyuasin getting very good attention from the pesantren. This is shown from the rules which are applied by the pesantren which is arranged through manners and laws pesantren Sabilul Hasanah Banyuasin. Supporting factors in fostering student morality seen from the pesantren environment and ways of parenting the chaplain. Inhibiting factors in discussing the morality of students consisting of internal factor that come from within the student and external factor originating from the family and community evironment.    

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.

scholarly journals Contraceptive Use among Slum Women in Slums of Dhaka City

2020 ◽  
Vol 5 (3) ◽  
pp. 29-35
Author(s):  
Rafia Akter
Keyword(s):  
Contraceptive Use ◽  
Family Planning Program ◽  
Dhaka City ◽  
Success Story ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Family ◽  
The Government ◽  
Age Of Marriage ◽  
Marriage Decision

Bangladesh has experienced a dramatic increase in contraceptive use and a sensational decline in fertility over 3 decades since its independence. The family planning program (FPP) in Bangladesh has been considered a success story in a setting without much socio-economic development. With the concerted effort of the Government of Bangladesh (GOB) and Non-Governmental Organizations (NGOs), women are becoming aware of physical health; (Icddr,b). In this context, a study has conducted to unveil the scenario of using contraception in the slum area of Dhaka City. In this research, 101 respondents were selected from two selected slums of Dhaka city. This study examines the use of contraceptives among the slum women. Findings revealed that respondents age 15-20) around 8.6% prefer an oral pill, 2.5% prefer IUD, 6.2% prefer condom (husband’s method) and 4.9% prefer injectable. Respondents aged within (21-25) around 19.8% prefer oral pill, 3.7% prefer IUD, 6.2% prefer condom (husband’s method) and 7.4% prefer injectable. Respondents age (above 25) around 21.0% prefer oral pill, 1.2% prefer IUD, 1.2% prefer condom (husband’s method) and 17.3% prefer injectable. In total, around 49.4% prefer an oral pill, 7.4% prefer IUD, 13.6% prefer condom and 29.6% prefer injectable. Women’s education, exposure to mass media, current work status husband’s working status, age of marriage, decision-making rights, religious restriction are the important determinants of contraceptive use among slum women.

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 Spatial Analysis of Prevalence of Early Marriage and HDI in Indonesia

2021 ◽  
Vol 18 (1) ◽  
pp. 31-41
Author(s):  
Salsavira Salsavira ◽  
Jahra Afifah ◽  
Fiqih Tri Mahendra ◽  
Lathifah Dzakiyah
Keyword(s):  
Early Marriage ◽  
The Sustainable Development ◽  
South Sulawesi ◽  
West Sumatra ◽  
Development Goals ◽  
The Government ◽  
Age Of Marriage ◽  
Geographically Weighted Logistic Regression ◽  
North Sumatra ◽  
Central Sulawesi

Early marriage has become an important issue in Indonesia. Even though the rate of early marriage shows a decline until 2020, the number still makes Indonesia become the country with the second highest early marriage in Southeast Asia. Early marriage that occurs can hinder the achievement of the Sustainable Development Goals (SDG) and can have an impact on the Human Development Index. The existence of a relationship between early marriage and HDI encourages researchers to conduct studies that aimed at examining the effect of the prevalence of early marriage on HDI in each district/city in Indonesia on 2020. This study uses the Geographically Weighted Logistic Regression (GWLR) analysis method with the data sourced from the National Socio-Economic Survey (SUSENAS) raw data in March 2020 and publication data on the website of The Central Bureau of Statistics. The results of the analysis found that the prevalence of early marriage has a negative and significant effect in several districts/cities in the Provinces of Aceh, North Sumatra, West Sumatra, Riau, Jambi, South Sumatra, Bengkulu, Lampung, Bangka Belitung Islands, Riau Islands, West Java, Central Sulawesi, South Sulawesi, Southeast Sulawesi, Maluku, and West Papua. This research is expected to be a recommendation for the government and community organizations to conduct socialization regarding the maturity age of marriage and the adverse effects that can be caused by early marriage.

scholarly journals The Effects of Positive Parenting toward Intolerance in Pre-School Children

2020 ◽  
Vol 12 (2) ◽  
pp. 137-146
Author(s):  
Eva Latipah ◽  
Hanif Cahyo Adi Kistoro ◽  
Himawan Putranta
Keyword(s):  
School Children ◽  
Field Research ◽  
Sampling Technique ◽  
Experimental Methods ◽  
Positive Parenting ◽  
The Internet ◽  
Mutual Respect ◽  
Analysis Techniques ◽  
The Family ◽  
Teacher Needs

The absence of mutual respect and tolerance in preschoolers is getting stronger. This research aims to elaborate on the manifestation and causes of intolerance and examine the effect of positive parenting on intolerance. This research is field research using survey and experimental methods. The survey was been conducted to identify teacher needs as a basis for developing a positive parenting module. Experiments were been conducted to see the effect of positive parenting on intolerance. The subjects of this research were 129 pre-school children in Yogyakarta who were been selected using a purposive sampling technique. Data analysis uses qualitative analysis techniques (reduction, display, and conclusion) and quantitative (t-test). The results showed Intolerance of many pre-school children occurs around religion and morals (blaming and hating the religion of different friends, not wanting to share and make friends with friends who are different from themselves). Causes of intolerance include imitating songs, watching television, and the internet, imitating parents, friends, or teachers. Positive parenting affects the intolerance of pre-school children, as indicated by the value of t = 3.396 and p = 0.000, which means that positive parenting can reduce pre-school children's intolerance. Therefore, sustainable positive parenting needs to be implemented within both the family, school, and community, so that intolerance in pre-school children does not arise.

scholarly journals Limited income and its impact on the family economically and socially: الدخل المحدود وأثره على الأسرة اقتصاديًا واجتماعيًا

2019 ◽  
Vol 3 (12) ◽  
Author(s):  
Aziz Ahmed Saleh Nasser AL- Hasani
Keyword(s):  
Low Income ◽  
Field Research ◽  
Social Situation ◽  
Total Sample ◽  
Economic Resources ◽  
Government Sector ◽  
The Family ◽  
Limited Income ◽  
The Government ◽  
The Individual

This research aims to clarify the limited income of the research sample members. The family also has a variety of economic resources and is adequate for the family. To illustrate the economic and social effects of limited income on families. As well as assessing the economic and social situation of low- income people. Provide solutions that contribute to addressing the causes of low economic income for low- income people. To achieve the objectives of the research, the descriptive approach was used to interview a certain segment of the low- income community as a sample of research workers in the government sector, in the Directorate of 70 in Sana'a. The sample size was 68 (researched) heads of households. Through the results collected from the field research and analysis area, a number of general results were reached, the most important of which is: the majority of the families of the members of the sample did not depend on a single economic source, but depended on additional economic sources multiple and varied, confirmed by 63% of the total sample, this indicates that A family that does not fully depend on the monthly salary of the state. However, despite the multiplicity of these sources, they are not enough for the individual and his family, because of the high prices. The results also showed that the majority of the families of the sample members could not save any cash for any emergency they might face, accounting for 82% of the total sample.    

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