scholarly journals Legal Policy Model for Prevention Children Marriage at West Nusa Tenggara Province

FIAT JUSTISIA ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 187
Author(s):  
Sri Karyati ◽  
B. Farhana K.Lestari
Keyword(s):  
Child Protection ◽  
Provincial Government ◽  
Child Marriage ◽  
Marriage Law ◽  
Legal Policy ◽  
Local Regulation ◽  
Policy Model ◽  
The Republic ◽  
Age Of Marriage ◽  
Transition Policy

Until now the issue of child marriage in NTB has not yet been resolved. The issue of child marriage in NTB has not been completed because the roots of child marriage in NTB have not touched the root of the real problem. Therefore there must be a more comprehensive policy breakthrough to prevent the prevention of child marriage in NTB. There is a need for a legal policy to prevent child marriages in NTB that needs scientific studies as the basis for scientific legitimacy about the urgency of the existence of regional regulations to prevent child marriage. There are two problems in this research, first, What is the juridical problem in the policy of preventing the occurrence of child marriage in NTB? Second, what is the right and applicable policy model in preventing the occurrence of child marriage in NTB? This research is normative legal research with a focus on evaluating the policy of preventing child marriage that has been taken by the NTB provincial government. The research approach used is a normative approach and an empirical approach.The results showed that the first, juridical barriers to preventing child marriage in NTB not only had juridical obstacles in terms of the validity of the provisions of article 7 paragraph (1) of the marriage law that regulates the minimum age of marriage is 16 years for women, but also still has obstacles juridical relating to the legal policy on the regulation of child marriages in the content of regional regulations because the local regulation must not conflict with article 7 paragraph (1) of the marriage law which is still valid and other constraints are not operational and the effective decision of the constitutional court No. 22 / PUU / XV / 2017 concerning judicial review of Law No. 1 of 1974 concerning Marriage because this decision only delayed the implementation of the Constitutional Court's decision in 2021 and was very dependent on legislative policy from the DPR and the President to amend Law No. 1 of 1974 concerning Marriage according to the order of the Constitutional Court's decision. Second, the appropriate and applicable policy model in preventing the occurrence of child marriages in NTB is done using the transitional policy model and post-transition policy. The transition policy is carried out by making regulations that regulate the prevention of child marriages by using the child protection paradigm, while post-transition policies are carried out using the family quality policy paradigm with a focus on increasing the age of marriage. legislation. First, the Republic of Indonesia Parliament, especially the Republic of Indonesia Parliament for the period 2019-2024 and the President should immediately follow up on Decision No. 22 / PUU / XV / 2017 by taking legislative policies by entering the amendment bill to Law No. 1 of 1974 concerning Marriage into a national legislation program which is subsequently compiled, discussed and stipulated as law. Second, to respond to the dynamic dynamics of marital law and child protection, the NTB Governor and the NTB DPRD should immediately take legislation in the regions by including the draft regulation on the prevention of child marriages in the 2019 local regulation formation program and then compile and discuss it into regional regulations.

scholarly journals WOMEN, LAW AND POLICY: CHILD MARRIAGE PRACTICES IN INDONESIA

2018 ◽  
Vol 3 (1) ◽  
pp. 47 ◽  
Author(s):  
Sonny Dewi Judiasih ◽  
Susilowati Suparto ◽  
Anita Afriana ◽  
Deviana Yuanitasari
Keyword(s):  
Judicial Review ◽  
Child Protection ◽  
Government Regulation ◽  
Child Marriage ◽  
Constitutional Court ◽  
Marriage Law ◽  
Marriage Age ◽  
Law And Policy ◽  
National Emergency ◽  
Age Of Marriage

Child marriages are common throughout Indonesia. This is due to a strong influence of Indonesian customs and religion that strongly influence the lives of its people. It is worth pointing that marriage age arrangements in Indonesian Marriage Law reinforces that legal age for men is 19 years and 16 years for women. The 2012 statistics show that Indonesia is the 37th highest in the world in child marriage, while at the Southeast Asian level, this country ranks second after Cambodia. The ranking went up dramatically since in 2016, based on UNICEF, Indonesia ranked the 7th in child marriage worldwide. This means that the practice of child marriage in Indonesia happens, especially to women at the age of 18 years, and there is no discrimination related to the age of marriage. Against this matter, there has been a file for judicial review that demands marriage age for men and women to be pegged at the age of 18 years. However, the Judge of the Constitutional Court, through Decision Number 30-74/PUU-XII/2014, states that age of marriage remains valid for the 19-year-old for man and 16-year-old for women. The struggle does not stop there because at this time, there a national movement of STOP CHILD MARRIAGE formed by civil organisations in cooperation with the Commission of Child Protection and Ministry of Woman Empowerment and Child Protection. This movement sees that the practice of child marriage is a national emergency problem that must be addressed seriously. Further, this movement demands immediate enactment of government regulation in favour of the law which must promptly revise the Marriage Law, especially related to the marriage age.

scholarly journals KEBIJAKAN KRIMINALISASI TENTANG DEFORESTASI DI JAWA TIMUR

2018 ◽  
Vol 13 (2) ◽  
pp. 211-224
Author(s):  
Moch. Choirul Rizal
Keyword(s):  
Land Conversion ◽  
Illegal Logging ◽  
Legal Policy ◽  
Local Regulation ◽  
The Future ◽  
The Law ◽  
The Republic ◽  
Conceptual Study

Wahana Lingkungan Hidup Indonesia (Walhi) of East Java noted that 30% of forest in East Java is deforested every year due to land conversion, illegal logging, fire, and erosion. In fact, East Java has a legal policy in the form of local regulations that have a spirit against deforestation. However, the policy of such law substantially contains problematics, for example, the equation of formulation of criminal acts with the Law of the Republic of Indonesia Number 18 of 2013 on Prevention and Eradication of Forest Destruction, which resulted in the regional regulations will be ruled out. Therefore, this conceptual study offers an idea of ​​the need for an update to the criminalization policy on deforestation in the local regulation. In the future, the criminalization policy on deforestation in regional regulations in East Java should contain specific and unregulated formulations of criminal acts in the law, for example, prohibit any form of action that results in the capacity of communities to participate in the prevention and eradication of deforestation practices.

scholarly journals PERKAWINAN ANAK: Pandangan Ulama dan Tokoh Masyarakat Pamekasan

2019 ◽  
Vol 15 (2) ◽  
pp. 96-105
Author(s):  
Umi Supraptiningsih ◽  
Erie Hariyanto
Keyword(s):  
Child Protection ◽  
Educational Background ◽  
Community Leaders ◽  
Community Leader ◽  
Child Marriage ◽  
Minimum Age ◽  
Happy Family ◽  
Age Of Marriage ◽  
Clear Statement

Abstract. Child marriages as well as the prosession are happen due to the role of both ulama (the Islamic leaders) and the community leaders. This paper aimed at exploring the perception of ulama and the community leaders in line with the factors of child marriage as well as the minimum age of marriage. The descriptive qualitative were implemented in this study. Meanwhile, the data were gathered by conducting observation, interview, and documentation. The first finding of the study is in line with the factors of child marriages. The educational background of the parents and the children, economic factors, cultural factors, and the uncontrolled relationship among teens were regarded to influence the child marriage in Pamekasan. Second, the ulama and the community leader argued that the child marriage should be avoided because it determine the life of the spouse after marriage. It must be considered that marriage is a time to realize the happy family (sakinah). Therefore, maturation is important in attempt to mentally and economically prepare for the marriage. Also, the limitation of marriage is not merely about the minimum age, but also the preoparation and the in-depth understanding of the spouse. Third, there is no clear statement in Alquran regard to the minimum age of marriage. Alquran stated akil baligh as the requirement. Meanwhile, the marriage law stated that minimum age for man is 19 years old and 16 years old for woman. In child protection laws, the minimum age for both man and woman are 18 years old. Abstrak. Perkawinan Anak dapat terjadi karena peran serta dari para ulama atau tokoh masyarakat, begitu pula prosesi perkawinan dengan restu keduanya. Artikel ini bertujuan untuk mengetahui peranan ulama dan tokoh masyarakat Kabupaten Pamekasan dalam terwujudnya perkawinan anak serta pendapat tentang batasan usia perkawinan. Metode penelitian mengunakan pendekatan kualitatif (qualitative approach) dan metode deskriptif, sedangkan teknik pengumpulan data melalui observasi, wawancara, dan dokumentasi. Ada beberapa temuan dalam penelitian ini yaitu pertama Perkawinan anak masih saja terjadi diwilayah Kabupaten Pamekasan, hal ini dilatar belakangi beberapa faktor, yaitu faktor rendahnya pendidikan baik dari orang tua maupun anak, tidak adanya aktifitas atau kegiatan karena selepas dari pesantren atau MA mereka menganggur, faktor ekonomi, faktor budaya atau tradisi, dan faktor pergaulan bebas; kedua Para ulama dan tokoh masyarakat berpendapat bahwa perkawinan anak harus dihindarikarena berdampak pada kelangsungan rumah tangga yang tentunya pasca perkawinan adalah waktu yang panjang untuk mewujudkan rumah tangga yang sakinah. Pendewasaan perkawinan penting karena untuk mempersiapkan mental dan ekonomi dalam sebuah perkawinan. Batasan perkawinan tidak hanya sekedar usia namun persiapan dan pemahaman hak dan kewajiban bagi pasangan yang harus matang. Ketiga Batasan usia pernikahan dalam Al Qur’an dan hadis tidak secara jelas disebutkan hanya menjelaskan akil baliq, sedangkan dalam Undang- Undang Perkawinan usia 19 tahun bagi laki-laki dan 16 tahun bagi perempuan. Dalam UU Perlindungan ana laki-laki dan perempuan sama yaitu 18 tahun ke atas.

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 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 Agents in Child Marriage Practice in Rural West Java

2019 ◽  
Vol 2 (2) ◽  
pp. 137-154
Author(s):  
Novitha Syari Dhevi Pradipta ◽  
Ekawati Sri Wahyuni ◽  
Titik Sumarti
Keyword(s):  
Rural Areas ◽  
Child Protection ◽  
Social Practice ◽  
High Rate ◽  
Child Marriage ◽  
Family Strength ◽  
Existing Structures ◽  
Structure And Agency ◽  
Minimum Age ◽  
The Republic

The prevalence of child marriage in Indonesia, although it has declined over the last three decades, remains in a high rate. Child marriage is indirectly legitimated by the Indonesian Marriage Law of 1974 which states that the minimum age limit of the bride shall be 16 years old. This is contrary to the Constitution of the Republic of Indonesia and the Child Protection Law. Child marriages in rural areas are not only driven by structures like family and society but are also initiated by individual actions driven by the agency. Therefore, this study examined child marriage practice comprehensively through the perspective of Giddens's structuration. This study aimed to identify the agents in child marriage practice. The results of the study found that there are two types of child marriages in rural areas. The first one is registered and the other is unregistered marriage. The identified agents in child marriage practice are girls, amil (assistant of marriage recording officer), Religious Affairs (KUA) officers, peer groups, teachers, mothers, and spouses. Each agent's action is affected by both structure and agency. Girl's actions are influenced by the agency. The girls are able to do agency in and through social practice. Girls’ agency produces meaningful action understood as a process and inherent to the agent through reflexive monitoring. Meanwhile, the actions of other identified agents are influenced by the existing structures in the society. Agent’s actions perpetuate child marriage practice. Child marriage practice occurs because there is no family strength. Therefore, the improvement of the family strength is needed as a constraining structure.

scholarly journals Problematika Perkawinan Anak (Perspektif Hukum Islam dan Hukum Positif)

2018 ◽  
Vol 5 (2) ◽  
pp. 175
Author(s):  
Fadli Andi Natsif
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Negative Impact ◽  
Child Marriage ◽  
Marriage Law ◽  
Study Approach ◽  
Positive Law ◽  
Approach Method

Fenomena maraknya perkawinan anak menimbulkan problematika, baik dari segi perspektif hukum Islam (fikih) maupun hukum positif. Kajian ini menggunakan metode pendekatan studi peraturan perundang-undangan dan pandangan para ahli yang tercantum dalam berbagai buku (literatur). Hasil pembahasan dalam kajian ini menyimpulkan bahwa problematika perkawinan anak menimbulkan perbedaan pemahaman isi atau nash dalam hukum Islam (fikih). Selain itu dalam hukum positif, yaitu UU Perkawinan dan UU Perlindungan Anak, ada pertentangan di dalamnya terkait usia anak. Problematika ini membawa dampak negatif berupa psikis dan pikiran terhadap perkawinan yang dilangsungkan oleh anak.The phenomenon of the rise of child marriage raises problems, both in terms of perspective Islamic law (fiqh) and positive law. This study uses the statute study approach method and the views of experts listed in various books (literature). The results of the discussion in this study concluded that the problem of child marriages led to differences in understanding content or texts in Islamic law (fiqh). Also in addition to the positive law, namely the Marriage Law and the Child Protection Law, there are conflicts in it regarding the age of the child. This problem has a negative impact in the form of psychology and thoughts on marriage that are carried out by children. 

scholarly journals The Importance of Revising Policy of Minimum Age of Marriage: A Philosophical, Sociological and Juridical Argumentation

2018 ◽  
Vol 54 ◽  
pp. 02011
Author(s):  
Siti Rofiah
Keyword(s):  
Child Protection ◽  
Social Life ◽  
Child Marriage ◽  
Short Term ◽  
Legal Method ◽  
The Social ◽  
Minimum Age ◽  
Negative Impacts ◽  
Age Of Marriage

The policy of minimum age for marriage is set out in Act No. 1 of 1974 On Marriage, which is 19 years for men and 16 years for women. According to Act No. 35 of 2014 On Child Protection, the age of 16 is still a child. Therefore, the policy of minimum age for marriage is open up the potential for child marriage. Various previous researches indicate that child marriages has the potential to cause negative impacts for both the child itself and the social life widely. Accordingly, revising the policy of minimum age for marriage is very important. This study uses the socio legal method where the law is not only conceptualized as a set of rules, but also as a behavior. In this method, legal validity is not only determined by norms, but also from the facts that grow and develop in society. The results showed that revising of minimum age for marriage has a philosophical, sociological and juridical basis. Child marriage has an impact on social life because it can lead to a cycle of sustainable poverty, increased illiteracy, poor health to future generations, and robbing of wider community productivity both in the short term and long term.

scholarly journals Prevention of Child Marriage Age in the Perspective of Human Rights

2018 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Rudyanti Dorotea Tobing
Keyword(s):  
Human Rights ◽  
Human Life ◽  
Child Marriage ◽  
Human Rights Law ◽  
Marriage Law ◽  
Marriage Age ◽  
Family Household ◽  
The Republic ◽  
The One ◽  
The Right

One of the rights guaranteed by the 1945 Constitution of the Republic of Indonesia is the right to marry and have children. Marriage is the beginning of the process of embodiment of the formation of a family in human life. Therefore, marriage is not merely the fulfillment of biological needs, but more than that. Marriage is a part of Human Rights stipulated in Article 10 of the Human Rights Law that everyone shall have the right to start a family and to continue the offspring through legitimate marriage and it may only take place at the free will of the prospective husband and future wife. Marriage is the inner bond between a man and a woman as a husband and wife with the aim of forming a happy and eternal family (household) based on the One Supreme God (Article 1 of the Marriage Law). Based on the article, it can be seen that the purpose of marriage is to establish a happiness and an eternal household based on the One God. Marriage is permissible for those who have met the age limit for marriage as set forth in Article 7(1) of the Marriage Law, for man nineteeen years old and for woman sixteen years old, but in fact under age marriages still happen. According to human rights perspective, under age marriage is the action of grabbing children freedom, namely the right to grow and develop optimally. Prevention of under age marriage, should be done so the children still get their basic rights.

scholarly journals EDUCATION RELATIONSHIP AND PARENTS ' INCOME WITH THE INCIDENCE OF CHILD MARRIAGE AT THE OFFICE OF RELIGIOUS AFFAIRS IN WONOSARI DISTRICT MALANG

2020 ◽  
Vol 15 (2) ◽  
pp. 236
Author(s):  
Denok Pitra Rhena
Keyword(s):  
Child Protection ◽  
Family Income ◽  
Sampling Technique ◽  
Simple Random Sampling ◽  
Educational Background ◽  
Child Marriage ◽  
Marriage Law ◽  
Chi Square ◽  
The Family ◽  
Role Of Parents

The phenomenon of child marriage still causes controversy in the society. According to the child protection law, someone who is less than 18 years old has not been allowed to marry because he / she is considered underage. The marriage law states that it is legal for women who are married at the age of 16 as long as they get permission from their parents. The role of parents is very important in their child's marriage decisions. Parents are the key in an efort to reduce the prevalence of child age marriages. The study design used an observational design with a casecontrol design analytical approach.This research aims to analyze the relationship between parental factors and the incidence of child marriage in Wonosari, Malang.This research was conducted in Wonosari, Malang with samples that included 44 people as cases and 44 people as controls. The method of sampling was a simple random sampling technique. Variables in this research include the child marriage, the family income and the educational background of the head of the family. Data analysis was performed using the chi square test (α=0,05). The results shows that there is a relationship between educational background (p = 0.000) and family income (p = 0.000) with the incidence of child marriage. In conclusion, the educational background of the head of the family and family income are related to the incidence of child marriage. There should be an agreement between the marriage law and the child protection law regarding the marriage age limit that is in accordance with the physical, mental, and reproductive health of the child.Keywords: child marriage, educational background, family income, parent's role, rural area

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