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 Law and Social Affairs; An Analysis of Early Marriage Factors in Nibung Village, Koba District, Centra Bangka Regency

2019 ◽  
Vol 2 (1) ◽  
pp. 51-57
Author(s):  
Arifin Faqih Gunawan
Keyword(s):  
Negative Trend ◽  
Early Marriage ◽  
Positive Trend ◽  
Marriage Law ◽  
Minimum Age ◽  
Age Limit ◽  
The Law ◽  
Social Affairs

The Marriage Law, number 1 of 1974 gives the minimum age limit for a person to be allowed to marry if a man has reached the age of 19 years and a woman has reached the age of 16 years. This study explains the factors influence the occurrence of early marriage in Nibung Village, Koba District, Central Bangka Regency. The purpose of this study is to identify the factors that influence the occurrence of early marriage in Nibung Village, and to see the public's understanding of early marriage from the side of the Law. The results of this study indicate that there are 2 categories of factors that influence early marriage. There are two positive trend factors which are parents’ perceptions & culture and beliefs. There are also two negative trend factors which are intellectuality and the value of virginity.

scholarly journals Pemahaman Masyarakat terhadap Pembatasan Usia Minimal untuk Melangsungkan Perkawinan

2020 ◽  
Vol 9 (1) ◽  
pp. 77-90
Author(s):  
Supianto Supianto ◽  
Nanang Tri Budiman
Keyword(s):  
Marriage Law ◽  
The People ◽  
Minimum Age ◽  
Body And Soul ◽  
Age Limit ◽  
The Law ◽  
Age Of Marriage ◽  
The Village

Provisions regarding the minimum age limit in the Marriage Law have been amended with the birth of Amendment to the Marriage Law Number 16 Year 2019. In this law the minimum age of marriage for women is equal to the minimum age of marriage for men, which is 19 (Nineteen) year. The age limit is considered to have matured body and soul to be able to carry out marriage in order to realize the purpose of marriage properly without ending in divorce and get healthy and quality offspring. From the results of the study it was found that the people of the Village of Pontang Ambulu did not know about the change in the minimum limits to carry out the marriage nor did they know about the existence of the Law No. 16 of 2019 which mentions changes in the minimum age limit for 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.

The Problems of The Marriage Age Changing in Indonesia in the Perspectives of Muslim Jurists and Gender Equality

2021 ◽  
Vol 4 (2) ◽  
pp. 99-108
Author(s):  
Eni Zulaiha ◽  
Ayi Zaenal Mutaqin
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Research Approach ◽  
Marriage Age ◽  
Minimum Age ◽  
Age Limit ◽  
Age Limits ◽  
The Law ◽  
And Gender ◽  
Age Of Marriage

The rules regarding the age limit for marriage as contained in Article 7 of Law no. 1 of 1974, which states that the minimum age of marriage for men is 19 years and for women is 16 years. These rules were amended through law no. 16 of 2019, which stipulates that the age limit for marriage, both for men and women, are in the same age, 19 years old. This change is intended to bring benefits of marriage minimizes the conflict in the household. But in fact, the changing age limit for marriage still creates some problems; for example, not a few Muslims view that in Islam, there are no provisions regarding age limits and there are dispensations for those forced to marry under a predetermined age. This research aims to find out the problematics of the law on changing the age limit for marriage. The research approach used qualitative with descriptive analysis methods and literature review. The results of the study indicate that there are several problems regarding the age limit between First, Islamic law does not stipulate a minimum age for marriage, so that some people do not heed the provision; Second, there are some rules regarding dispensation for those who want to get married at the age of 19 by putting forward to the court. This is an opportunity to violate the regulations; Third, changes to the law that have raised the age limit for marriage, in reality, in society, have not been able to stop the rate of early-age marriage.

scholarly journals Hukum Keluarga dalam Perspektif Perlindungan Anak

2017 ◽  
Vol 8 (2) ◽  
pp. 64
Author(s):  
Mayadina Rohmi Musfiroh
Keyword(s):  
Research Literature ◽  
Early Marriage ◽  
Health Issues ◽  
Marriage Age ◽  
Minimum Age ◽  
Qualitative Descriptive ◽  
Age Limit ◽  
Negative Impacts ◽  
Age Of Marriage ◽  
Harmonious Family

This article points to trace the epistemological roots of early marriage to and reinforce the importance of Islamic Family law reform, particularly related to raising the minimum age of marriage. This article is the result of the research literature with a qualitative descriptive method using a theoretical approach maqashid al-sharia. Early marriage is the result of interpretation of scholars' to Q.S. Ath-Thalaq [65]: 4 which signaled the waiting period for those who do not menstruate. Islam does not provide ideal age limits in marriage. Marriages can be performed by the bride that has been not or already baligh if it has been qualified to do harmonious marriage. However, the scholars' proposed the opinions about puberty age limit for men and women and the permissibility of marrying someone in the age of the children. The decision to give an age limit in marriage for arising maslahah. Marriage age limit should be revised in view of the negative impacts arising from the early marriage models, such as women's reproductive health issues, financial problems of the family and divorce. Model of early marriage can no longer practiced because it is inconsistent with maqashid al-nikah that is to build a harmonious family.<br />Artikel ini bertujuan melacak akar epistimologis perkawinan dini serta menguatkan argumentasi pentingnya pembaharuan hukum keluarga Islam, khususnya terkait menaikkan<br />batas minimal usia perkawinan. Artikel ini merupakan hasil penelitian kepustakaan dengan metode deskriptif-kualitatif dan menggunakan pendekatan teori maqashid al-syariah. Perkawinan dini merupakan hasil tafsir ulama’ terhadap Q.S. Ath-Thalaq [65]: 4 yang mengisyaratkan iddah bagi mereka yang belum haid. Islam tidak memberikan batasan umur ideal dalam pernikahan. Perkawinan dapat dilakukan oleh calon mempelai yang belum atau sudah baligh jika telah memenuhi syarat dan rukun pernikahan. Meskipun demikian, para ulama’ berbeda pendapat tentang batas usia baligh bagi laki-laki dan perempuan dan kebolehan menikahkan seseorang pada usia anak-anak. Umat Islam diperbolehkan memberikan batasan usia dalam perkawinan untuk menimbulkan kemaslahatan. Batas usia pernikahan perlu direvisi mengingat berbagai dampak negatif yang muncul akibat model pernikahan ini, misalnya masalah kesehatan reproduksi perempuan, persoalan ekonomi keluarga, hingga perceraian. Model perkawinan ini tidak dapat lagi dipraktikkan karena tidak sejalan dengan maqashid al-nikah yaitu membangun keluarga yang sakinah, mawaddah dan rahmah.

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.

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 SYARIAH COMPATIBILITY AND HUMAN RIGHTS IN DETERMINING THE AGE OF MARRIAGE

1970 ◽  
Vol 21 (2) ◽  
pp. 263-274
Author(s):  
Rumi Suwardiyati ◽  
Siti Rohmah ◽  
Andi Muhammad Galib ◽  
Abdul Halim
Keyword(s):  
Human Rights ◽  
Secondary Data ◽  
Strategic Decision ◽  
Constitutional Court ◽  
Religious Leaders ◽  
Marriage Age ◽  
Minimum Age ◽  
Age Limit ◽  
Age Of Marriage ◽  
Religious Understanding

The purpose of this research is to examine the interpretation of constitutional judges regarding the age limit for marriage which is considered to contain compatibility and efforts to harmonize sharia and human rights principles in their decisions. This is motivated by child marriage tends to ignore the rights of children and women. Unfortunately, this practice is often affirmed by religious understanding and even state law. The research method used is normative juridical using secondary data. As for this research will analyze the decision of the Constitutional Court Number 22/PUU-XV/2017.  This research will show the conflict between the interpretation of sharia - which has been the authoritative area of ​​religious leaders - and the principles of Human Rights (HAM). Meanwhile, the interpretation of the judges of the Constitutional Court seems to contain a discourse on the compatibility and harmony of sharia and human rights. This research per reflects the approach of the Constitutional Court and the strategy of the petitioners in an effort to review the constitutionality of the minimum age for marriage as stated in the Marriage Law. The various approaches and arguments put forward show that the applicant made a strategic decision by trying to break a patriarchal culture and injustice before the Constitutional Court.  Keywords: Marriage Age Limit, Syariah, Human Rights, Constitutional Court 

scholarly journals Dispensasi Nikah Dalam Persfektif Hukum Islam, Undang-Undang Nomor 1 Tahun 1974 dan Kompilasi Hukum Islam

2020 ◽  
Vol 7 (1) ◽  
pp. 49-64
Author(s):  
Kamarusdiana Kamarusdiana ◽  
Ita Sofia
Keyword(s):  
Islamic Law ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Marriage Law ◽  
Minimum Age ◽  
Age Of Marriage ◽  
Court Hearing

AbstractMarriage dispensation is a legal solution because most of the perpetrators of marriage dispensation are those who do not yet have formal legality to get married, so they then take the legal initiative so that marriages can be recognized. This study aims to determine the perspective of Islamic law, Marriage Law and Compilation of Islamic Law regarding marriage dispensation. The method used is qualitative with primary data sources from the Marriage Law, the Book of Fiqh and the Compilation of Islamic Law while secondary data are books, journals, magazines related to marriage dispensation. The results of this study found that Islamic law does not specifically regulate marriage dispensation because the majority of scholars only mention balig as a condition for marrying a person and do not specify a minimum age of marriage, whereas Law Number 1 of 1974 concerning Marriage and Compilation of Islamic Law strictly regulates underage marriage , i.e. must go through a court hearing mechanism to obtain a marriage dispensation permit.Keywords: Marriage Dispensation, Compilation of Islamic Law AbstrakDispensasi Nikah sebagai solusi hukum karena para pelaku dispensasi nikah kebanyakan mereka yang belum memiliki legalitas formal untuk menikah, sehingga kemudian mengambil ikhtiar hukum agar pernikahan yang dilakukan dapat diakui. Penelitian ini bertujuan mengetahui perspektif hukum Islam, Undang-undang Perkawinan dan Kompilasi Hukum Islam tentang dispensasi nikah. Metode yang digunakan adalah kualitatif dengan sumber data primer dari Undang-Undang Perkawinan, Kitab Fiqh dan Kompilasi Hukum Islam sedangkan data sekunder adalah buku-buku, jurnal, majalah yang terkait dengan dispensasi nikah. Hasil penelitian ini menemukan bahwa Hukum Islam tidak mengatur khusus dispensasi nikah karena mayoritas ulama hanya menyebutkan balig sebagai syarat menikah seseorang dan tidak menentukan minimal usia perkawinan, sedangkan Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan dan Kompilasi Hukum Islam mengatur ketat tentang perkawinan di bawah umur, yaitu harus melalui mekanisme sidang pengadilan untuk mendapatkan izin dispensasi perkawinanKata Kunci: Dispensasi Nikah, Kompilasi Hukum Islam

scholarly journals PRO DAN KONTRA PANDANGAN PEGAWAI PENCATAT NIKAH (PPN) ATAS PERUBAHAN BATASAN USIA MINIMAL PERKAWINAN DALAM UNDANG-UNDANG NOMOR 16 TAHUN 2019

2021 ◽  
Vol 22 (1) ◽  
pp. 93-111
Author(s):  
Thiyas Tono Taufiq ◽  
Qotrunnada Zulfa Hafsari
Keyword(s):  
Family Law ◽  
Marriage Law ◽  
Men And Women ◽  
Minimum Age ◽  
Pros And Cons ◽  
Age Limit ◽  
Islamic Family Law ◽  
The Times

This research focuses on discussing changes in the minimum age for marriage as stipulated in Law Number 16 of 2019 as an amendment to Law Number 1 of 1974 concerning marriage. The new Marriage Law changes the minimum marriage limit for men and women who will marry at least 19 years of age, previously the marriage limit for men is 19 years old and for women is 16 years old. This research seeks to find the pros and cons of legalizing the minimum age limit for marriage according to the views of the staff of the marriage register at the Office of Religious Affairs (KUA) in Yogyakarta who were non-randomly selected. The results of this research indicate that the process of changing the age limit of marriage does not see the pros and cons in society. Most importantly, the enactment of this law can hurt women, so that the purpose of reforming Islamic family law can realize legal unification by the times.

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