PERTIMBANGAN HAKIM TERHADAP DISPENSASI NIKAH DI BAWAH UMUR (STUDI KASUS PENGADILAN AGAMA PARIGI)

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.

Pengaruh Pernikahan Dini terhadap Kesehatan Mental dan Fisik: Sistematik Review

Abstrak Latar Belakang: Dalam kehidupan rumah tangga pasti tidak luput dari permasalahan-permasalahan. Salah satu penyebab utama dalam permasalahan rumah tangga adalah belum dewasanya pasangan. Pernikahan dini terjadi disebabkan oleh beberapa faktor. Salah satu faktor yang sering ditemui di masyarakat yaitu karena faktor ekonomi. Faktor ini yang paling sering dijadikan alasan untuk menikahkan anak yang masih di bawah umur dengan seseorang yang dianggap mampu secara ekonomi. Metode: Studi ini menggunakan desain sistematik review dengan mengikuti Panduan Pilihan untuk Ulasan Sytematic Review dan Meta Analyses (PRISMA) dan menggunakan flowchart berdasarkan daftar periksa PRISMA 2009, yaitu dengan menghilangkan artikel yang tidak relevan dengan menggunakan kriteria inklusi, penyaringan, kelayakan, dan pengunduhan akhir artikel yang relevan. Hasil: Pernikahan yang dilakukan di usia muda sering terjadi dikarenakan perjodohan, kehamilan diluar nikah, dan faktor ekonomi. Berbagai macam faktor yang memicu hal tersebut terjadi karena adanya dorongan faktor ekonomi, kehamilan diluar pernikahan, mengalami putus sekolah, dan pengaruh pasangan untuk menikah muda. Pernikahan yang dilakukan di usia muda pun sering kali membuat pasangan mengalami kegagalan dalam meraih kesejahteraan psikologis. Kesimpulan: Berdasarkan penelitian ini, dapat dilihat bahwa dalam pengaturan atas kehidupan anak yang bersifat normatif, seperti menikah diusia dini dapat menimbulkan atau menyebabkan berbagai dampak negatif bagi anak. Kata Kunci: Dampak, Pernikahan muda, Faktor Abstract Background: In the life of the household certainly is not free from problems. One of the main causes of problems in the household is couples who are not yet mature. Early marriage occurs due to several factors. One factor that is often encountered in the community is due to economic factors. This factor is most often used as an excuse to marry an underage child to someone who is considered economically capable. Method: This study uses a systematic design review by following the Choice Guidelines for Sytematic Review and Meta Analyze Review (PRISMA) and using a flowchart based on the 2009 PRISMA checklist, namely by removing irrelevant articles using inclusion, filtering, eligibility, and final download criteria relevant article. Results: Marriage conducted at a young age often occurs due to arranged marriages, extramarital pregnancy, and economic factors. Various types of factors that trigger this occur because of the crush of economic factors, the existence of pregnancy outside of marriage, having dropped out of school, and the influence of couples to marry young. Weddings conducted at a young age often make couples fail to achieve psychological well-being. Conclusion: Based on this research, it can be seen that in regulating the lives of children who are normative, such as marrying at an early age can cause data or cause various negative impacts on children. Keywords: Impact, young marriage, factors

MARRIAGE UNDER AGE AND THEIR EFFECT ON THE RATE OF DIVORCE IN ROKAN HILIR DISTRICT

Article 1 of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, marriage is an outer and inner bond between a man and a woman as husband and wife to form an eternal and happy family based on the One Godhead. One. In general, no one wants their marriage to end in divorce, different environments make the marriage untenable. The problem is the factors that cause underage marriage. The research method is sociological juridical with descriptive research nature. This study deals with family law. Based on the results of the research conducted, the factors causing underage marriage are a moral factor because married by accident, economic factors because their parents had arranged an arranged marriage with the following percentages, 40% experienced underage marriages because they were not mentally and religiously prepared, 30% Divorce occurs because they do not have a permanent job, and another 30% are due to arranged marriages and forced marriages.

What can be done about adolescent pregnancy in South Sudan?

Introduction: The World Health Organization (WHO) defines ‘adolescents’ as individuals aged 10-19 years. The national family planning policy of South Sudan states that “by the age of 19, one out of three girls is already married or in union; and the same proportion has already started childbearing”. The causes of adolescent pregnancy can be attributed to social, cultural, political and health systems gaps.Objective: This review article looks at the contributory factors for adolescent pregnancy in South Sudan, the effects of these pregnancies and describes some solutions and recommendations.Method: A direct search was conducted in Google scholar and other search engines looking at titles such as teenage/adolescent pregnancy in South Sudan, adolescent pregnancy in Africa, effects of adolescent pregnancy, and interventions to combat teenage/adolescent pregnancy.Results: The contributory factors for adolescent pregnancy in South Sudan are sociocultural where the need for dowries, forced and arranged marriages, gender based violence are examples, economic and political factors; where poor implementation or inadequate adolescent policies, illiteracy and poverty are major factors, failure of health systems; where the unavailability of health services such as the provision of contraceptives for adolescents and scarcity of teenager/adolescent-friendly health clinics; and individual factors whereadolescents reported desire to be mothers, societal recognition and peer pressure. In addition to all of these, rape and sexual slavery are reported as causes of adolescent pregnancy.Conclusions: Causes of adolescent pregnancy in South Sudan are multifactorial. The country needs to adopt the published guidelines from WHO on reduction of adolescent pregnancy and learn from experiences of countries that showed a greater reduction. The utilization of interventions made through research and evidence-based information which are suitable to South Sudan context are crucial.

A Review on Cultural Customs of Marriage Traditions Among Banjar Ethnic Women in Banjarmasin Indonesia

This study reveals the tradition of the Banjar inland tribes in their marriage rituals. For a Banjar ethnic woman, who adheres to her cultural customs, a marriage for them will only take place when it is arranged by the family. Arranged marriage means a marriage determined by the family with the prospective husband chosen by the family on certain factors. Family is the dominant factor that determines the future of a Banjar ethnic woman especially in the aspect of marriage. The research methodology used in this research is a literature review that reveals the secrets behind conventional marriage practices using a phenomenological approach. Firstly, this study found that for the Banjar ethnic group, traditionally arranged marriages are compulsory. Second, there is a culture of giving money in a nominal amount to the bride’s family before the wedding takes place. Third, the bride’s home must be filled with donations such as furniture or daily household necessities. If things as stated cannot be met, then the bride’s family will look for another prospective husband for her daughter. Such a marriage tradition is the practice and belief of the ancestors of the Banjar tribe, it is an ancient practice of dynamic animism.Keywords: Rituals; marriages; customs; Banjar; Indonesia.

The Uneasy Gaze – Appearing for Interviews to get Married – An Empirical Investigation into the Pre-marital Arranged Marriage Negotiations in Urban Kolkata

Indian society, when viewed from a Foucauldian feminist perspective offers a curious and unique example of societal scrutiny over its members. This overt exercise of power influences individual behaviour, attitudes and has a profound influence on decision making. In this context, this paper argues, within an empirical framework, the limitations of freedom of choice for women in pre-marital arranged marriage negotiations. Women find themselves coercively thrust into uneasy situations of objectification, forced to mould themselves to fit into hegemonic patriarchal parameters. They are lambasted if they fail to fulfil the required expectations. Based on a survey of 250 young brides and prospective brides of upper-caste, middle-class background in urban Kolkata, I argue that the pre-marital negotiations in arranged marriages systematically subjugate the women. Faced with societal and familial pressure, the women often find themselves marginalised and subjugated in the process of arranged marriage.

The Wedding

Weddings were a prime location for dancing in traditional Jewish culture, especially since Jews were religiously obligated to rejoice with a bride and dance before her. As a result, dancing was a frequent occasion for literary dance scenes and a common place for young people from different backgrounds to meet one another. Urban and rural guests intermingled, and even beggars were invited to wealthy weddings. At the same time, the ritual framework of a wedding and the presence of community elders meant that traditional Jewish community norms were more quickly enforced at weddings than in other dance spaces, as seen in Leopold von Sacher-Masoch’s Der Judenraphael (The Raphael of the Jews, 1882) and Joseph Opatoshu’s A roman fun a ferd-ganef (Romance of a Horse Thief, 1912). At weddings in general and arranged marriages in particular, communal authorities demonstrated their control over intimate relationships and festive dancing.

LEGAL AND SOCIAL COMPLEXITIES RELATING TO PRACTICE OF ARRANGED AND FORCED MARRIAGES

The practice of forced and/or arranged marriages are reported to be taking place globally. These types of marriages have become gender neutral and can no longer be described only as an issue relating to women. However, what is portrayed is that women normally suffer as reported cases are evidence of that. First world countries where there is a large immigrant community, frown on the practice of forced marriages and arranged marriages. This is a complex issue, because on the one hand, one’s religious, cultural diversity is attacked and on the other hand forced and arranged marriages may violate various provisions of international, regional national human rights instruments. From an international law perspective, one could argue that there is a clear violation of international law. On the other hand, and argument relating to one’s cultural and religious beliefs could also be advanced. Concepts such as culture, religion and gender are deeply embedded in most known religions and communities, therefore, the practice of forced and arranged marriages may not be perceived as violation of any law/s whether international or national. Furthermore, forced and arranged marriages are at times so interrelated that it may be difficult to draw a clear distinction between the two. How do we protect women’s rights while at the same time respecting the cultural diversity of society? This article attempts to add to the existing debate surrounding the social and legal complexities of forced and arranged marriages.

Postfeminist Micro-Politics in Shobha De’s Novel Second Thoughts

The novel Second Thoughts deals with the story of a young middle class Bengali girl who marries a Bombay based foreign returned Bengali Boy. The story depicts the disillusionment of a married woman and an explosive tale of love and betrayal that exposes the hollowness of human relationship especially within arranged marriages. This chapter deals with the concept of Micro-Politics which is a significant dogma of postfeminism. Micro-Politics believes that there has been drastic change in the position of women in basic social relationships, within the families, workplace and other public spheres. Postfeministic notion of micro-politics is intended to provide insight into the complicated nexus of relationship and also to rethink this same concept in terms of postfeminism.