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.

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 Dampak Perkawinan Anak dan Perceraian: Studi Kasus Komunitas Samin di Kudus Jawa Tengah

2021 ◽  
pp. 189-212
Author(s):  
Moh Rosyid ◽  
Lina Kushidayati
Keyword(s):  
Qualitative Research ◽  
Government Regulation ◽  
Negative Impact ◽  
Property Right ◽  
Child Marriage ◽  
Minimum Age ◽  
Marital Property ◽  
Three Stages ◽  
The Government ◽  
Age Of Marriage

This paper is a qualitative research based on observation and interview among Samin community in Kudus. The purpose of this study is presenting unregistered marriage among Samin community. Samin community is the descendants and followers of Ki Samin Surosentiko, renowned for his nonconformity against the Dutch since 1840s. Following the teaching, Samin people do not registered their marriage and thus they do not feel necessary to obey the government regulation on the minimum age of marriage. The marriage among Samin community will be performed once a girl and a boy perceived to be ready. There are three stages of maturity: adam timur, adam brahi and wong sikep kukuh wali adam. This understanding may lead to child marriage and among its negative impact is divorce. The consequences of unregistered marriage go further to dispute of marital property, right of guardianship, and even conflict between relatives. Nowadays, some Samin people try to find a way to register their marriage in order to get a marriage certificate from the Office of Civil Administration of Kudus. The government needs to pay more attention to the phenomena

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.

scholarly journals Legal Policy of Child Marriage In the Covid-19 Pandemic Period

2021 ◽  
Vol 5 (2) ◽  
pp. 846
Author(s):  
Imam Subchi ◽  
Qosim Arsadani ◽  
Muhammad Ishar Helmi ◽  
Efin Faridho
Keyword(s):  
Infant Health ◽  
Best Interests ◽  
Child Marriage ◽  
Conceptual Approach ◽  
Psychological Conditions ◽  
Family Economy ◽  
The Family ◽  
Maternal And Infant Health ◽  
Minimum Age ◽  
Research Findings

The increase in marriage dispensation applications that occurred during the Covid-19 pandemic also caused the high number of child marriage. Nevertheless, this has been strictly required in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage (Marital Law), the minimum age limit for men and women is 19 years, and requirements of irregularities for this age that must meet urgent criteria and sufficient support evidence. This is done, to reduce underage child marriages as a form of enforcing the principle of children's best interests. This paper describes the complexity of underage children's marriage during the Covid-19 pandemic period, as a convenience requirement of marriage dispensation has been set rigid in the Marriage act. The method used in this paper is normative by using several approaches: the statute approach, conceptual approach, and case approach. The results of the government's policy during the Covid-19 pandemic period which brought massive changes to the community's order had an impact on the collapse of the family economy. This resulted in the mass number of the child's marriages in the pandemic period. The research findings of this study deliver to children's rights violations through child marriages. The risk of decreasing individual economies, maternal and infant health, and household violence become unavoidable considering the psychological conditions of children who are immature in marriage.

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.

scholarly journals Counter-Mobilization against Child Marriage Reform in Africa

2017 ◽  
Vol 66 (4) ◽  
pp. 851-868 ◽  
Author(s):  
Ragnhild Louise Muriaas ◽  
Liv Tønnessen ◽  
Vibeke Wang
Keyword(s):  
Theoretical Background ◽  
Child Marriage ◽  
Legal Power ◽  
Gender Status ◽  
Minimum Age ◽  
Traditional Institutions ◽  
Age Of Marriage ◽  
Marriage Reform ◽  
Religious Actors ◽  
Political Battle

Legislating a minimum age of marriage at 18 has stirred counter-mobilization in some, but not all, countries where religious or traditional institutions enjoy constitutional authority. To explore differences between states regarding likelihood of counter-mobilization, we investigate two cases in Africa. In Sudan, a government-led child marriage reform initiative has sparked counter-mobilization by conservative religious actors, while a similar initiative in Zambia has not caused visible counter-mobilization among traditional groups and has gained the support of many chiefs. With the literature on doctrinal gender status issues as theoretical background, we argue that the nature of law—codified versus living—is a factor in these distinct trajectories. We further identify variations in two mechanisms, legal power structure (centralized vs decentralized) and type of political battle (interpretation vs administration), that link nature of law to variation in the likelihood of counter-mobilization.

scholarly journals Izin Poligami dalam Tinjauan Fikih dan Hukum Positif di Indonesia

2009 ◽  
Vol 3 (2) ◽  
pp. 225-240
Author(s):  
Ali Trigiyatno
Keyword(s):  
Negative Effects ◽  
The Family ◽  
The Government ◽  
The Right

The government defined some norms on doing polygamy considering its negative effects. One of the requirements is a license for doing polygamy from the Religious Court. This letter of permission contains some benefits for the family especially protecting the right of the children and the wife.

scholarly journals Influence of transnational corporations on the level of life of the population of the host country: the experience of China

2018 ◽  
Keyword(s):  
New Technologies ◽  
National Income ◽  
Steel Production ◽  
Transnational Corporations ◽  
Global Market ◽  
Negative Effects ◽  
Chinese Banks ◽  
The Government ◽  
Food Imports ◽  
The One

The article is devoted to the study of various indicators of China's development since the beginning of the reforms. The subject of research of the article is the China's development. The goal is to study the results of China's interaction with transnational corporations. The objective is to examine the growth rates of gross domestic product (GDP) and national income per capita, the level of average wages, the level of poverty, the index of population’s quality of life, the indicator of pollution. General scientific methods are used, such as analysis, synthesis, comparisons. The following results were obtained: China's interaction with transnational corporations led simultaneously to different results. On the one hand, the country has become rich, shows economic growth, the increasing of wages and urbanization, the level of poverty has decreased, Chinese banks have become leaders in the global market, the country has become one of the largest investors in the world. On the other hand, a number of problems appeared: excessive contamination, uneven distribution of income, dependence on food imports. Conclusions: China's interaction with transnational corporations had both positive and negative effects. According to a number of experts, China's economy now is evolving in two directions. The first direction is characterized by a slow growth of those industries that have been traditional for the country: steel production, shipbuilding, industrial production. In these sectors, the government began to control surplus capacity, compliance with world standards, including environmental ones. Another direction includes industries focused on the production of services and using new technologies. At present, China is at the stage of structural reforms in economics, during which it is possible that China will be able to solve its problems.

scholarly journals Exceptional Circumstances of Lowering the Minimum Age of Marriage: Types, the Criterion of Respect, and Problems of Regulation

2021 ◽  
Vol 16 (2) ◽  
pp. 47-54
Author(s):  
Е. Е. Lekanova
Keyword(s):  
Criminal Code ◽  
Child Marriage ◽  
Marriage Age ◽  
Minimum Age ◽  
Minor Children ◽  
The Russian Federation ◽  
Life Circumstances ◽  
A Minor ◽  
Age Of Marriage ◽  
Legal Consequences

The paper is devoted to the study of law rules, doctrinal positions and jurisprudence dealing with exceptional circumstances that serve as a basis for minor marriage. The relevance of the study is primarily predetermined by the taken and planned actions of the state authorities undertaken to develop draft laws aimed at improving the content of Art. 13 of the Criminal Code of the Russian Federation regulating the age of marriage. The author draws the following conclusions. Conditions for reducing the overall minimum age of marriage for persons under 16 years of age, as well as for older minors, should be governed at the federal level. The list of exceptional (reasonable) circumstances should be exhaustive, since the current open list of life circumstances applied to reduce the overall minimum marriage age leads to excessive freedom of enforcement discretion. Both the Russian and international legislator consider “child” marriage as a negative social phenomenon. In this regard, the issuance of permission to marry as a minor should be dictated by even more unfavorable social circumstances that have arisen in the life of the minor. Marriage should contribute to overcoming or leveling (smoothing) these adverse factors. Only the circumstances in which the marriage is proportionate to the legal consequences it causes (the acquisition of full civil legal capacity by minors, termination of the parents’ obligations to financially support their minor children who have entered into marriage, providing them with housing, etc.) can be considered as good reasons for reducing the minimum marriage age. These circumstances also include pregnancy and the birth of a child.

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