Journal articles on the topic 'Marriage law'
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1
Mucharom, Rully Syahrul, Wardah Yuspin, and Absori Absori. "Comparison of Law Between Merariq Traditional Marriage Law and Marriage Law Number 16 of 2019." International Journal of Social Science Research and Review 5, no. 10 (October 6, 2022): 321–27. http://dx.doi.org/10.47814/ijssrr.v5i10.594.
Abstract:
Marriage Law in Indonesia is regulated in Act Number 1 of 1974 concerning Marriage and undergoing changes to Act Number 16 of 2019, which regulates how the norms and principles of marriage are considered and recognized by the Indonesian state. The purpose of marriage in Indonesia as regulated in Act Number 1 of 1974 article 1 states that: "Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the Almighty God. one". The problem that arises then is whether the existing and developing customary marriages before the enactment of the Marriage Law can be recognized by the Indonesian state. The types of customary marriages that are not in accordance with the objectives, norms, and principles of marriage according to the Marriage Law are one of them is the Merariq Traditional Marriage Tradition, which from this merariq marriage tradition results in many early marriages or child marriages according to the legal age threshold. Law Number 16 of 2019 which is the main discourse of this study looks at the dimensions of Marriage Law through the eyes of the Merariq Indigenous Marriage of the Sasak Tribe. This study uses a normative juridical approach where this approach is carried out by tracing the norms that live in Indonesian positive law. Whereas the cases raised by merariq traditional marriages have caused many legal problems, furthermore, the high level of child marriage is due to the absence of a social safety net for anyone who wants to carry out a merariq marriage so that there is no legal protection and certainty for the parties to the marriage, especially women who are in a vulnerable position, Therefore, the implementation and enforcement of national marriage law must be considered again in its enforcement and implementation so that there is no legal vacuum where national law is not present in the community.
2
Yakin, Muhammad Khusnul. "RATIO DECIDENDI PENETAPAN PENGESAHAN (ITSBAT) NIKAH DI PENGADILAN AGAMA." Yuridika 30, no. 2 (August 23, 2017): 254. http://dx.doi.org/10.20473/ydk.v30i2.4655.
Abstract:
Phenomena that occur in society marriage only refers to the Islamic religious law met the requirements and harmonious marriaege, so it can be said only based on article 2, paragraph (1) of Constitution Number 1 of 1974 on Mariage, lawful religion also means lawful state, but their marriage is not based on article 2, paragraph (2) provisions on orders registration of marriage, known as a marriage under the hand. Marriage Constitution set is limited to marriages performed before the law was enacted, but the religious court based on legal considerans accept and grant approval under the hand of marriage to marriage after the Marriage Constitution enacted by basing on the Compilation of Islamic Law article 7, paragraph 3.
3
Prasetyo, Budi, Edy Sanjaya, and Indira Hastuti. "Marriage Law Perspective Against Underage Marriage." International Journal of Educational Research & Social Sciences 3, no. 1 (February 20, 2022): 518–24. http://dx.doi.org/10.51601/ijersc.v3i1.304.
Abstract:
Underage marriages have been happening in Indonesia for a long time, especially in rural communities that are categorized as not yet advanced in their level of education, economy, or because of the local community's traditions. From the perspective of the Marriage Law, this is contrary to the provisions of Article 7 paragraph (1) of Law Number 16 of 2019 and is contrary to the purpose of marriage is to form an eternal family based on God Almighty. Early marriage in adolescents impacts the physical aspect and psychological impact on the perpetrators. The research method is empirical juridical research. The research specification in this study is descriptive-analytical. The study results show that the existence of underage marriages, this indicates that Law Number 1 of 1974 concerning Marriage and Government Regulation Number 9 of 1975 concerning Implementing Regulations of Law Number 1 of 1974, is less effective. Given the existence of underage marriages, many divorces occur because the marriages are carried out by children who are still underage, so they have not been able to carry out the purpose of marriage fully.
4
Safarin, Muhammad Habiby Abil Fida, and Fatimah Fatimah. "Polemics on Interfaith Marriage: Law and Civil Law Perspectives." UNIFIKASI : Jurnal Ilmu Hukum 8, no. 2 (December 11, 2021): 262–71. http://dx.doi.org/10.25134/unifikasi.v8i2.5166.
Abstract:
Marriage is seen as a bridge to a long journey that has shared visions and missions. We can not recklessly hold a wedding. There are a few things to be considered. Umumnya adalah budaya dan agama yang menjadi sorot utama ketika pemuda pemudi atau calon mempelai pria dan wanita akan melangsungkan pernikahan. Budaya merupakan hal yang juga akan dibawa ketika acara pernikahan akan dilangsungkan. Generally, culture and religion become the highlight once man and woman or prospective brides and grooms plan to get married. Culture is presented on the wedding day. However, a different culture is not allowed or prohibited. This also applies to religion. It becomes an important matter to consider before marriage. Marriage must be carried out according to each partner's religion. Thus, it is considered valid. In general, marriages are held in the same religion. However, this study will discuss massive interfaith marriages done by young people in Indonesia. The study employed a literature approach. This approach requires more reading and collecting library data. The findings generated new ideas in civil matters, the registration of interfaith marriages and the challenges of holding such marriage. In conclusion, interfaith marriages bring countless problems if they insist.
5
Zakaria, Endang, and Muhammad Saad. "Nikah Sirri Menurut Hukum Islam Dan Hukum Positif." Kordinat: Jurnal Komunikasi antar Perguruan Tinggi Agama Islam 20, no. 2 (October 9, 2021): 249–64. http://dx.doi.org/10.15408/kordinat.v20i2.21933.
Abstract:
Islamic law defines marriage as an absolute obligation to follow Allah's command and carry it out as worship and represents a very strong bond. In the context of unregistered marriage, it can be defined as “a form of marriage based on religious law or custom, as well as one that is not announced to a crowd and is not registered with the marriage registry”. This paper discusses literacy in Islamic law and positive law on unregistered marriages. Positive law studies on unregistered marriages are carried out on the essence of the Law of the Republic of Indonesia and Government Regulations. According to Indonesian law, sirri marriage is a marriage that is not based on the principle of legality. In Islam, the study of unregistered marriage was based on Qur’an and hadith. This means that it is not legally binding. A marriage that is in accordance with the pillars and conditions of marriage is valid under Islamic law, as are marriages performed in sirri marriages, as defined in Indonesian law.
6
Agustini, Sri. "PELAKSANAAN ISBAD NIKAH DAN DISPENSASI NIKAH DI KOTA PADANG." Ensiklopedia Sosial Review 3, no. 1 (February 21, 2021): 53–57. http://dx.doi.org/10.33559/esr.v3i1.677.
Abstract:
Marriage is a marriage bond (contract) carried out in accordance with the provisions of Islamic law and teachings. Meanwhile, marriage is a marriage ceremony that is identified with the consent and kabul process. Literally, marriage is a sacred bond and is carried out by a combination of religious and state regulations. In order for the marriage bond to have legal certainty administratively, the marriage has been regulated in law. With the enactment of these rules, marriages that are not in accordance with the law cause their own problems in society. Especially about unregistered marriages and early marriage or marriages by minors.
7
Hidayat, M. Taufiq, Ali Nu'man, Ashabul Yamin, Hafidh Hafidh, and Kasuwi Saiban. "Hukum Islam dan Hukum di Indonesia tentang Pernikahan Beda Agama." ARZUSIN 3, no. 1 (February 1, 2023): 11–27. http://dx.doi.org/10.58578/arzusin.v3i1.822.
Abstract:
This research aims to examine the perspective of Islamic law regarding interfaith marriage. The method used is qualitative, with a comparative approach. In the study of Islamic law, interfaith marriages are classified into three categories: marriages between Muslim men and polytheistic women; Muslim man's marriage to ahlulkitab woman; and the marriage of Muslim women to non-Muslim men. Regulatively, interfaith marriages in Indonesia do not have legal force, because Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law as positive law has prohibited interfaith marriages. Therefore, the Office of Religious Affairs and the Civil Registry will not carry out administrative records of interfaith marriages.
8
Setiyowati, Setiyowati. "Recent Changes in Regulatory Development of Interreligious Marriage and Children’s Rights Based on Justice Perspective in Indonesia." International Journal of Criminology and Sociology 10 (July 14, 2021): 1149–53. http://dx.doi.org/10.6000/1929-4409.2021.10.133.
Abstract:
The issue of this study is the marriage registration with or on the basis of a court decision as referred to in Law Number 24 of 2013 concerning Population Administration is valid according to Law No. 1 of 1974 regarding Marriage. The Marriage Law is also one of the bases for the formation of the Population Administration Law. Bearing in mind that the Population Administration Act does not regulate further about how the procedure of marriage between people of different religions occur so that the terms and procedures and prohibition of marriage in the Marriage Law remain in force. Based on the above background, problems can be formulated to analyze marital regulations in the Marriage Law not yet fully based on the value of justice and its reconstruction. The findings show that the Reconstruction of marriage regulations in the perspective of the Marriage Law based on justice values can be carried out by reconstructing the provisions of articles governing the validity of marriages, which in their implementation or in their application do not indicate or provide a sense of justice for some people who will carry out marriages, particularly those related to the practice of interfaith marriages.
9
Paikah, Nur. "STUDI KOMPARASI PERKAWINAN BEDA AGAMA DALAM HUKUM NASIONAL DAN FIKIH." AL-SYAKHSHIYYAH: Jurnal Hukum Keluarga Islam dan Kemanusiaan 1, no. 1 (July 15, 2019): 85–99. http://dx.doi.org/10.35673/as.v1i1.208.
Abstract:
AbstractThis study uses a comparative study that seeks to find similarities and differences or compare the similarity of views of interfaith marriages according to national marriage law with fiqh. The basic marriage law in Indonesia is regulated in the Law of the Republic of Indonesia number 1 of 1974. While fiqh in question is the fiqh of four Mazhab in Islam.Interfaith marriage in Law number 1 of 1974 has not been clearly regulated. However, Clause 2 paragraph 1 states that marriage is legal if it is carried out according to the laws of each religious law and its beliefs. It is explicitly understood that if interfaith marriages are not in accordance with religious law, then the marriage cannot be held. This is in line with the marriage of interfaith in fiqh which is basically prohibited.Keywords: Marriage Different Religion; National Law; Jurisprudence.
10
Paikah, Nur. "STUDI KOMPARASI PERKAWINAN BEDA AGAMA DALAM HUKUM NASIONAL DAN FIKIH." AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan 1, no. 1 (July 15, 2019): 85–99. http://dx.doi.org/10.35673/asyakhshiyyah.v1i1.208.
Abstract:
AbstractThis study uses a comparative study that seeks to find similarities and differences or compare the similarity of views of interfaith marriages according to national marriage law with fiqh. The basic marriage law in Indonesia is regulated in the Law of the Republic of Indonesia number 1 of 1974. While fiqh in question is the fiqh of four Mazhab in Islam.Interfaith marriage in Law number 1 of 1974 has not been clearly regulated. However, Clause 2 paragraph 1 states that marriage is legal if it is carried out according to the laws of each religious law and its beliefs. It is explicitly understood that if interfaith marriages are not in accordance with religious law, then the marriage cannot be held. This is in line with the marriage of interfaith in fiqh which is basically prohibited.Keywords: Marriage Different Religion; National Law; Jurisprudence.
11
Hadiati, Teti. "THE LAW POLITICS IN THE REFORMULATION OF INTERFAITH MARRIAGE IN INDONESIA." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 1 (June 19, 2020): 25. http://dx.doi.org/10.29300/mzn.v7i1.2775.
Abstract:
The problems examined in this study is wast are interfaith marriages in accordance with the philosophical values of Indonesian marriage law? and why is the validity of interfaith marriages still being disputed in Indonesian marriage law? Related to the principle of continuing legal conditions and public order, the implementation of registration marriage by registration is a form of acceptance of interfaith marriages and the community has accepted the phenomenon of interfaith marriages as a natural reality and is considered to be true. This research is normative legal research and quantitative sociological legal research. The study methodology is analyzed based on the principle of public order, law smuggling, and continuation of the legal situation or rights that have been obtained. From this research, it was concluded that interfaith marriages were considered incompatible with the philosophical values of Indonesian Marriage law which were based on religious law, and could injure the long struggle history of Indonesian marriage law legislation under the principle of public order. Therefore, the registrations carried out by the civil registry office are not authoritative, but merely administrative.
12
Budi Waskito, Achmad. "Implementation of Itsbat Nikah as A Way To Get The Legal Power Which is not Recorded." Jurnal Daulat Hukum 1, no. 2 (June 10, 2018): 517. http://dx.doi.org/10.30659/jdh.v1i2.3325.
Abstract:
Article 2 (1) states the Marriage Act, marriage is valid if it is done according to the law of each religion and belief. Furthermore, Article 2 (2) states every marriage is recorded in accordance with the legislation in force. Thus a marriage must comply with religious law and positive law. Statements about the validity of marriages taking place before Act No. 1 of 1974 concerning marriage and run other regulations. Solutions that marriage is not recorded can be reached by way of itsbat nikah propose marriage to the Religious Courts under Article 7 Compilation of Islamic Law (KHI). According to Article 7 paragraph (1) KHI marriages under Islamic law can only be proven with Marriage Certificate made by the Registrar of Marriage Officer. On the one hand Regulation Legislation Indonesia expressed registration of marriage is the only evidence of the occurrence of marriage, but on the other side of the law provide a way out for people who can not prove their marriage with the street Determination of Marriage (Itsbat nikah). Itsbat nikah as the authority of the PA need for legal protection should be equivalent law or legal rules included in the sort order legislation.Keywords: Implementation of Itsbat nikah, Religious Courts Authority, Marriage Not Recorded.
13
Sembiring, Ayu Natashasia, Agus Kristianto Sinaga, and Satria Braja Hariandja. "ANALISIS YURIDIS BATALNYA PERJANJIAN PRA- NIKAH DALAM PERKAWINAN CAMPURAN." Jurnal Darma Agung 27, no. 1 (April 1, 2019): 774. http://dx.doi.org/10.46930/ojsuda.v27i1.132.
Abstract:
Mixed marriages according to Law Number 1 of 1974 concerning marriage are marriages between Indonesian citizens and foreign nationals (Article 57). Because of different nationalities, the laws applied to them are also different. Marriage Law does not expressly regulate the legal consequences arising from Mixed marriages. According to the Marriage Law of citizenship which is obtained as a marriage result, marital disturbances determine the applicable law, about public law and civil law.This research is a normative legal research that is prescriptive with a legislative approach and a conceptual approach. The sources and types of legal materials used are primary legal materials that are supported by secondary legal materials. Pre-Marriage Agreement Research Results is not implemented in good faith by each party that makes a prenuptial agreement so that it is null and void.
14
Yuana, Adella, and Ilka Sandela. "Konflik Hukum Perkawinan Beda Agama di Indonesia (Studi Penetapan Hakim Nomor: 12/Pdt.P/2022/Pn Ptk)." Ius Civile: Refleksi Penegakan Hukum dan Keadilan 6, no. 2 (November 14, 2022): 291. http://dx.doi.org/10.35308/jic.v6i2.6123.
Abstract:
Article 1 of Law Number 1 of 1974 concerning Marriage (hereinafter referred to as the Marriage Law) which states "Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. Almighty". Creating physical and spiritual bonds in forming a marriage must meet the terms and conditions. Fulfillment of these terms and conditions aims to ensure that a marriage is considered valid both religiously and stately. Article 2 paragraph (1) of the Marriage Law states that "Marriage is legal, if it is carried out according to the laws of each religion and belief". In particular, Article 40 letter c of the Compilation of Islamic Law prohibits interfaith marriages in Islam. In the case with the Judge's Determination Number: 12/Pdt.P/2022/PN Ptk, the request was granted by the judge to be recorded at the Population and Civil Registry Office. This incident created legal conflicts and uncertainty over the norms of interfaith marriages. The purpose of this study is to identify and analyze legal conflicts and legal certainty of interfaith marriages in Indonesia through case studies. The research method used in this research is normative juridical. The result of this research is invalid based on Article 40 letter c of the Compilation of Islamic Law. Indonesian Positive Law regulates a legal marriage if it is in accordance with Article 2 paragraph (1) of the Marriage Law. Based on religion and belief, Islam clearly prohibits interfaith marriages. The judge in this case handed down the determination based on the norms of Article 35 of Law Number 23 of 2006 concerning Population Administration which opens the opportunity for interfaith marriages to be recorded at the Population and Civil Registry Office. The occurrence of conflicting norms for interfaith marriages in Indonesia results in the uncertainty of marriage law in its regulations.
15
Hill, Daniel J. "Could the State do Without Marriage Law?" Ecclesiastical Law Journal 24, no. 2 (April 29, 2022): 123–47. http://dx.doi.org/10.1017/s0956618x22000011.
Abstract:
This article argues that marriage is a divine institution that pre-dates the state, and marriages are supernaturally effected by God consequent on the exchange of marital consent by the parties, whether or not the state recognises them as marriages. In fact, taking note of, and legislating about, marriage thus properly conceived is not within the state's remit. Despite this, the law in England and Wales is involved with the institution of marriage in three main ways: (1) it purports to define marriage, and its entry and exit conditions; (2) it passes laws affording or denying certain legal benefits or penalties on the basis of marital status; and (3) it registers marriages, and in practice imposes or denies the benefits or penalties just mentioned on the basis of registration of marriage, or lack of it. The supernatural action on God's part of creating marriages is not a fit subject for such involvement on the state's part. The underlying exchange of marital consent by the parties is, by contrast, within the state's sphere of competence, but it is argued that the state should be tracking a broader category of relationships than just those involving the exchange of marital consent. It is suggested that all marriage law should be repealed, and replaced by an Australian-style law of de facto relationships. If the law deals with de facto relationships there is no need for it to be involved with the institution of marriage as well, and that institution can be left to flourish outside the state's grasp. The article goes on to respond to some possible objections.
16
Tambunan, Khairani Amalia, Sriono Sriono, and Risdalina Siregar. "Legal Respect for Children from Sirri's Marriage in the Perspective of Islamic Marriage Law and Regulations Indonesian Law in the District Labuhanbatu." Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 4, no. 2 (April 28, 2021): 2043–52. http://dx.doi.org/10.33258/birci.v4i2.1892.
Abstract:
Sirri marriage is a marriage that is legal according to the viewpoint of the Islamic religion, while a legal marriage according to the provisions of Articles 1 and 2 of the Marriage Law is that apart from being carried out on the basis of religion it must also be registered. This study aims to determine the legal consequences for children resulting from unregistered marriages based on Islamic law and statutory regulations. This study uses an empirical juridical method, which is conducting field research, in order to support data related to this research by conducting research at the Religious Courts.. The results showed that Labuhanbatu Regency is an area where many people still carry out unregistered marriages or sirri marriages. This can be seen from the data from the Rantauprapat Religious Court from 2018 until now, there have been 53 recorded cases regarding under-handed marriages that have been ordained. So that the legal consequence of the child resulting from a Sirri marriage has the status of an out-of-wedlock child and he cannot accept the rights of the child as a child from a legal marriage based on the marriage law. In the life of the nation and state, all citizens are obliged to obey and be bound by the prevailing laws and regulations in Indonesia.
17
Masturiyah, Masturiyah. "NIKAH SIRRI; PRESPEKTIF HUKUM ISLAM DAN HUKUM PERKAWINAN NASIONAL." Musãwa Jurnal Studi Gender dan Islam 12, no. 1 (January 29, 2013): 43. http://dx.doi.org/10.14421/musawa.2013.121.43-62.
Abstract:
In Indonesian society, marriage has legal dualism. Namely, marriage (which) should be listed in the Religious Affairs Office (KUA) and the marriages were not recorded (Sirri marriage). In fact, if we examine more seriously, many Sirri marriages cause harm especially, on the part of women and children. And in fact, not the least negative effects caused by Sirri marriage. This paper discusses sirri marriage in the perspective of Islamic law and the National Marriage Law. Because sirri marriage not stated explicitly in both the Qur’an and hadith, hence, to determine the law (istinbat al-hukmi), jurists of Islamic law (in this case) do ijtihad whereby sirri marriage is categorized as al maslahat al murasalah, which refers to the maqasid al-shari’ah. However, sirri marriage is actually problematic for several reasons. First, sirri marriage is not part of prophetic tradition. Because, the Prophet advocates and implements wedding party (walimah al-’Ursy) with aim to proclaim marriage to the public (i’lanun nikah). On the other hand, the recording of the marriage is the leader commands (Ulil Amri). Meanwhile, Allah and the Prophet ordered to obey the leader (Amri Ulil). Since the recording of the marriage will benefit Muslims (maslahah), then Muslims should stay away from harm (mudharat). Second, sirri marriage is not in accordance with the national law of marriage, because the point ‘marriage record’ does not exist in the concept of sirri marriage. Whereas, marriage registration set forth in Article 2, paragraph 2 of Law marriage, no. 1 of 1974 and article 2, paragraph 1, 2, 3 of Law no. 9 of 1975, the Code of Civil Law (KUHP) and the Compilation of Islamic Law (KHI).
18
Nugraheni, Prasasti Dyah. "THE IMPLEMENTATION OF MARRIAGE DIFFERENT RELIGION AND THEIR DUE TO THE LAW OF THE RELIGION OF MARRIAGE STATUS." Law and Justice 4, no. 2 (November 19, 2019): 68–82. http://dx.doi.org/10.23917/laj.v4i2.8015.
Abstract:
Marriage is a very strong and very deep bond that functions to connect between a man and a woman in a household or a family. Informing a household or a family, the belief in the same religion requires not only confidence in the same commitment. However, in the life of the Indonesian people, there are currently many marriages that are not based on similarities in religious beliefs. The marriage is only based on genuine love between a man and a woman. These different religious marriages cause problems in the legal field such as the validity of the marriage itself according to the marriage law in force in Indonesia. Because according to Article 2 Paragraph (1) of Law Number 1 the Year 1974 marriage which is called legitimate is a marriage which is carried out in accordance with the religion and beliefs of the person. Marriage with different religions also causes problems with the legitimacy of the representation. So the problem that will be explained in this journal is about the validity of a marriage that is of different religions in accordance with Law Number 1 of 1974. According to Law Number 1 of 1974 marriages of different faiths is an illegitimate marriage because they are not in accordance with religion and belief in Indonesia. Because according to Article 2 Paragraph (1) of Law Number 1 of 1974 it is stated that if a religion allows the marriage of a different religion, then the marriage is permissible. However, if a religion does not allow the marriage that is of a different religion, then the marriage is not allowed. Keywords: Interfaith marriage, Law Number 1 of 1974, and Compilation Islamic Law
19
Zainuddin, Asriadi, Abdul Jamil, and Dedi Sumanto. "Marriage Registration Law Reformulation in Indonesia (Studi of Law and Regulations on Marriage)." SASI 28, no. 3 (October 13, 2022): 492. http://dx.doi.org/10.47268/sasi.v28i3.1033.
Abstract:
Introduction: Marriage registration serves to create order in the administration of marriage in society as well as to ensure the upholding of the rights and obligations of husband and wife. This is a preventive state law policy to coordinate the community for the realization of order and order in the system of life, including in marital problems which are believed to be inseparable from various irregularities and disputes between husband and wife. Therefore, the involvement of the authorities/state in regulating marriage in the form of registration is a must.Purposes of the Research: The purpose of this study is to examine and analyze the formulation of legal substance regulation of marriage registration in Indonesia and to analyze and formulate the ideal concept of reformulation of marriage registration law in Indonesia.Methods of the Research: This research is a type of qualitative study that starts from the constructivism paradigm. The approach method used in this study is the socio-legal approach method (socio legal study). A study that examines law as a social fact that can be seen in the realm of experience as a pattern of behavior in the form of social institutions.Results of the Research: The reformulation concept offered by the author is to revise the sound of Article 2 paragraphs 1 and 2 which requires registration of marriages and contains criminal sanctions in it with the aim of providing a deterrent effect for perpetrators of underhand marriages. in the sense that this criminal sanction is used if the previous related sanctions are no longer powerless in the sense that this criminal sanction is a criminal sanction that is used after civil or administrative sanctions are applied.
20
Putri, Ananda Yuliana, and Sutrisno Sutrisno. "Effectiveness Giving Marriage Dispensation To Suppress Increase Early Marriage During Covid-19 Pandemic." LIGAHUKUM 2, no. 2 (January 26, 2022): 181–95. http://dx.doi.org/10.33005/ligahukum.v2i2.119.
Abstract:
Abstract
Result of the COVID-19 pandemic, which has not yet ended, has now penetrated into all sectors, in addition to having an impact on the health, economy, and tourism sectors, the COVID-19 pandemic has also impacted increase in underage marriages. Underage marriage can certainly cause various problems due to the incompetence of the prospective bride and groom. However, in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, underage marriages are permitted if they receive a marriage dispensation from a religious court, therefore study analyze the effectiveness of granting a marriage dispensation. The type of research used in this research is normative juridical with literature study. Based on the results of the study, the marriage dispensation was deemed less effective in suppressing the increase in the number of underage marriages. for the minimum age in marriage isthe determination of marriage dispensation is still given even though it is based on the judge's consideration. This of course must be taken into consideration by law makers in reviewing the effectiveness and interrelationships between one regulation and another.
Keywords: Marriage Dispensation, Underage Marriage, Marriage Law
21
Garfes, Harry Pribadi. "Law Enforcement of Unregistered Marriage Practices in Indonesia Lawrence Meir Friedman’s Legal Effective Perspective." Jurnal Ilmiah Kebijakan Hukum 16, no. 3 (November 30, 2022): 515. http://dx.doi.org/10.30641/kebijakan.2022.v16.515-538.
Abstract:
Unregistered marriage is an endless problem with non-optimal law enforcement. Meanwhile, the massive impact of unregistered marriage is dangerous and this practice is not committed by one or two people but involves many parties. This research aims to describe parties involved in unregistered marriages and their respective roles. In addition, it provides information regarding unregistered marriage regulations and sanctions and determines law enforcement for the parties involved. This normative research used case approach and statutory approach. The data collection technique is documentation and the analysis technique is deductive and inductive. The results of this study found several parties involved in unregistered marriages. These parties are: first, main actors such as illegal rulers, husbands, and wives or marriage guardians. Second, parties who participate, such as marriage witnesses, brokers, and jockeys. Unregistered marriages are regulated in chapter 1 paragraph (2), chapter 3 paragraphs (1 and 2) of Law no. 32/1954 concerning the enactment of Law no. 22 of 1946 concerning registration of marriages, divorces, and reconciliation in all regions outside Java and Madura, the sanctions are contained in chapter 4 and chapter 45 paragraph (1) letter (a) PP No. 9/1975 concerning the Implementation of Law no. 1/1974 on marriage. Law enforcement against the perpetrators of unregistered marriages has not been optimal.
22
Desimaliati, Desimaliati. "LEGALITY OF REGISTRATION FOR INTERNATIONAL RELIGIOUS MARRIAGE BASED ON COURT DECISIONS ACCORDING TO LAW AND REGULATIONS IN INDONESIA." Cepalo 6, no. 2 (November 15, 2022): 77–90. http://dx.doi.org/10.25041/cepalo.v6no2.2704.
Abstract:
Law Number 1 of 1974 concerning Marriage (Marriage Law) as a guideline for norms (verwijzing) does not recognize interfaith marriages, but the Marriage Law itself provides a legal loophole in legalizing interfaith marriages. Many applications for interfaith marriage licenses that have been granted through Court Decisions and have been successfully registered at the Population and Civil Registry Office, are declared valid along with all their legal consequences in state administration and are legally binding on civil law. The purpose of this research is to explain application of legal theory and identify laws and regulations that form the legal basis for judges considerations in ratifying applications for registration of interfaith marriages through Court Decisions. The writing of this thesis uses normative legal research methods. Data processing and library research using primary, secondary and tertiary legal sources. The results showed that the ratification of interfaith marriages through a Court Decision was born from another interpretation of Article 66 of the Marriage Law which was interpreted by the method of applying the principle of conflict of norms using the principle of legal logic (rechtslogische prinzipien) or presumption of rules (vermutungsregeln), so that the Marriage Law seems to have multiple interpretations. There are several other laws and regulations that underlie the legalization of the registration of interfaith marriages in Indonesia. There are two views on the basis of the legal considerations of the Panel of Judges in accepting, examining and deciding cases of interfaith marriage applications through Court Decisions. To ensure legal protection and certainty for the parties and children born in a marriage, marriages need to be administratively registered in the state even though the marriages are of different religions.
23
Shaleh, Muhammad. "Hukum Perkawinan Berbeda Agama Menurut Kompilasi Hukum Islam (KHI)." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 1, no. 2 (December 1, 2019): 182–95. http://dx.doi.org/10.47467/as.v1i1.455.
Abstract:
The marriage law of different religions according to KHI. The purpose of this research is the response to a phenomenon that often occurs recently in society, especially urban communities. Interfaith marriages are taboo, because marriage is something sacred. Because every religion, especially Islam, has very clearly regulated marriage procedures. If there is a marriage of different religions, it is feared that there will be deviations in religion, because in fact marriage is to perfect religion and marriage is a very noble worship. Interfaith marriages will obscure the position of the wife, the lineage of a child's descendants, and of course the applied religion will be mixed with the teachings of the partner's religion and Islam itself prohibits interfaith marriages on these grounds. Interfaith marriages will only cause problems, so many parties are against this interfaith marriage, because by looking at facts like this, we can argue that interfaith marriages have been a debate for a long time. And although the formal legal acknowledgment of this permit has not been written, in practice the number of people who marry between different religions continues to increase, so how exactly does the legal view of the compilation of Islamic law respond to this problem. In this study, it will be explained globally about the marriage law of different religions and the reality that occurs in society.
Keywords: Marriage Law, Different Religions, KHI
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Maelani, Dea Pitri, Ani Yumarni, and Innayatullah Abd Hasyim. "AKIBAT HUKUM ITSBAT NIKAH TERHADAP PERKAWINAN TIDAK DICATAT BERDASARKAN KOMPILASI HUKUM ISLAM PADA PENGADILAN AGAMA CIBINONG KELAS 1B." DE'RECHTSSTAAT 3, no. 1 (June 8, 2017): 89. http://dx.doi.org/10.30997/jhd.v3i1.712.
Abstract:
In the district. Bogor many people who perform marriages were not registered. It is caused by several factors, one of which is the lack of knowledge of the importance of marriage registration. Then the problems that will be studied are: 1) how the foundation philosophy contained in the petition Ithbat Marriage under Law No. 3 of 2006 on the Religious Courts Cibinong Class 1B, 2) how the judge in the consideration granted Ithbat marriage on marriage were not recorded after the enactment of Law No. 1 Year 1974 on Marriage. The purpose of research is 1) to assess and determine the foundation philosophy contained in the authority of Judge cremate Ithbat marriage petition under the Act No. 3 of 2006 on the Religious Courts Religious Courts Cibinong Class 1B, 2) to study and know the judge in the consideration granted Ithbat marriage on marriage were not recorded conducted after the enactment of Law No. 1 Year 1974 on Marriage. The method used is the method of sociological juridical approach to data collection techniques of observation and interviews. Registration of marriages arranged in Paasal 2 paragraph (2) of Law No. 1 Year 1974 on Marriage. In absolute competence of the Religious Court, namely Article 49 of Law No. 3 In 2006 one of them is "a statement about the validity of marriages that occurred before the Act No. 1 Year 1974 on Marriage and executed according to other regulations. With reinforced with Compilation of Islamic Law, and consideration mashlahah mursalah Court judge granted the petition Ithbat Religion remains Nikah marriage that occurred after the enactment of Law No. 1 Year 1974 on Marriage.
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Nur Mustofa, Kholifatun. "TAUSIYAH PENDAKWAH DI YOUTUBE MENGENAI NIKAH SIRRI: INTERPRETASI DAN PENGAITAN HUKUM." Indonesian Journal of Shariah and Justice 1, no. 2 (December 29, 2021): 1–23. http://dx.doi.org/10.46339/ijsj.v1i2.7.
Abstract:
Youtube is one of the means to spread preaching tausiyah; through Youtube, people can access tausiyah anytime and anywhere. One of the discussions offered was a lecture delivered by Mamah Dedeh and Ustadz Abdul Somad (UAS) about sirri marriage. The author uses the two preachers to focus the discussion and theme. First, the author uses YouTube as a research source. Then this paper focuses on discussing how the preacher interprets the sirri marriage. Do tausiyah Mamah Dedeh and UAS convey sirri marriage by linking Islamic law and state law? The results of the author's search, Mamah Dedeh understands that the context of sirri marriages being carried out today is different from the sirri marriages applied by the prophet, sirri marriages carried out by the community today are marriages that are carried out secretly, even the conditions of marriage are not all fulfilled. So the marriage is invalid because it does not meet the requirements. Regarding the delivery of a lecture linking state law and Islamic law, Mamah Dedeh was firm in conveying that a marriage that meets the pillars and conditions is not enough. He emphasized that in Indonesia, there are regulations regarding the registration of marriages that protect women. Meanwhile, UAS does not link state law and Islamic law. UAS advises not to do unregistered marriages because there are many harmful effects for women.
26
Sidiqah, Meliyani. "LEGAL VACUUM IN INTERFAITH MARRIAGE RULES IN INDONESIA." IBLAM LAW REVIEW 3, no. 1 (January 30, 2023): 99–110. http://dx.doi.org/10.52249/ilr.v3i1.119.
Abstract:
The legal vacuum regarding the rules of interfaith marriage was not something new. However, this matter has not been resolved by the Government of Indonesia. After the Marriage Law’s promulgation, the rules of interfaith marriages "disappeared", even though before the promulgation of the Marriage Law, interfaith marriages were regulated clearly and firmly. The phenomenon of interfaith marriage in society which was very difficult to avoid was an essential point of concern for the state to accommodate the rules regarding interfaith marriages. This article discussed the phenomenon of interfaith marriages in Indonesia and the legal rules of interfaith marriages before and after the promulgation of the Marriage Law. This article was the result of normative juridical research using the statutory approach method. The data used was secondary data consisting of primary legal materials, secondary legal materials, and secondary legal materials, which were collected from the literature and then analysed using qualitative analysis methods. Based on the research results, many Indonesian people still carry out interfaith marriages in Indonesia, and the rules of interfaith marriages formulated in the Marriage Law are inadequate. The Indonesian government must accommodate interfaith marriage arrangements in order to provide legal certainty to all people.
27
Gufron, Dede Muhammad. "Unregistered Marriage and the Legal Impact, A Book Review “Kepastian Hukum Perkawinan Siri dan Permasalahannya” Zainuddin SH MH & Afwan Zanuddin SH MH, Deepublish Yogyajarta, 95 Pages, ISBN: 978-602-435-120-1." Indonesian Journal of Advocacy and Legal Services 3, no. 2 (September 30, 2021): 257–62. http://dx.doi.org/10.15294/ijals.v3i2.34776.
Abstract:
This book explains the legal certainty aspects of unregistered marriages in Indonesia. Unregistered marriages have many implications, especially with regard to law, child status, and inheritance. The book "Kepastian HukumPerkawinan Siri & Permasalahannya", explaina how is the connection between the Islamic law and the State law in marriage cases and how unregistered marriage is most certainly a bad thing. The book also explains what effects and consequences that caused by the unregistered marriage according to law.
28
Афанасьев, Николай. "Marriage Law." Праксис, no. 1(3) (June 15, 2020): 115–200. http://dx.doi.org/10.31802/2658-6517-2020-1-3-115-199.
Abstract:
Протоиерей (впоследствии - протопресвитер) Николай Афанасьев (1893-1966) преподавал церковное право в Свято¬Сергиевском Православном Богословском Институте в Париже в 1932-1940 и в 1947-1966 гг. Впервые публикуемый в настоящем выпуске «Праксиса» его лекционный курс по брачному праву Церкви, вероятно, относится ко второму периоду его преподавательской деятельности в Париже. К преподаванию церковного права о. Николай возвращается после принятия священного сана в 1940 году, вынужденного пребывания в Тунисе в военное время и защиты докторской диссертации «Церковь Духа Святого» в 1950 году. Текст лекций публикуется по авторизованной машинописной копии, хранящейся в архиве о. Николая Афанасьева в Православном богословском институте в Париже. Archpriest Nikolai Afanasiev (1893-1966) taught church law at the St. Sergei Orthodox Theological Institute in Paris in 1932-1940 and 1947-1966. The text of the lectures is published on the basis of an authorized typewritten copy stored in the archive of Fr. Nicholas Athaniev at the St Sergius Orthodox Theological Institute in Paris.
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Makka, Misbahul Munir, Rosdalina Bukido, and Faradila Hasan. "Questioning about Law Number 16 of 2019 concerning Marriage Dispensation in PA Kotamobagu." Kawanua International Journal of Multicultural Studies 1, no. 2 (August 30, 2021): 80–84. http://dx.doi.org/10.30984/kijms.v1i2.29.
Abstract:
This research aims to show the results of the issuance of Law No. 16 of 2019 and the increasing application for marriage dispensation at the Kotamobagu PA. Underage marriage is a common thing in society. Many things are a factor in underage marriage, one of which is pregnancy outside of marriage and is considered to approve the proposed marriage dispensation. This research is field research located in PA Kotamobagu. The results obtained are that although the issuance of Law Number 16 of 2019, cases of underage marriages are even increasing. This case is evidenced in PA Kotamobagu. In 2020 the application for marriage dispensation was higher than the previous year. One of the reasons for submitting a marriage dispensation made by the community is a pregnant woman out of wedlock, so the judge must approve the proposed marriage dispensation. In other words, this law has no impact on suppressing the number of underage marriages, and the increased age limit has increased the dispensation for marriage.
30
Probert, Rebecca. "When are we married? Void, non-existent and presumed marriages." Legal Studies 22, no. 3 (September 2002): 398–419. http://dx.doi.org/10.1111/j.1748-121x.2002.tb00199.x.
Abstract:
In recent years the courts have been faced with the problem of deciding what status should be given to marriages that are celebrated outside the provisions of the Marriage Act 1949 yet believed to be valid by the parties to them. Some such marriages have been classified as non-marriages, while others have been saved by the application of the presumption in favour of marriage. The decisions are unsatisfactory for a number of reasons. It will be suggested that the concept of non-marriage should be confined to ceremonies that in no way purport to be marriages. The presumption in favour of marriage should also be limited to situations where there is a valid basis for presuming a marriage rather than being used to avoid dealing with the deficiencies of the law.
31
Dariyo, Agoes, Mia Hadiati, and R. Rahaditya. "Pemahaman Undang-Undang Perkawinan terhadap Penundaan Perkawinan Usia Dini di Indonesia." Journal An-Nafs: Kajian Penelitian Psikologi 5, no. 1 (June 1, 2020): 25–37. http://dx.doi.org/10.33367/psi.v5i1.928.
Abstract:
Early age marriages have become widely reported through various media both print and electronic media, because early marriage is one of the causes of divorce in Indonesia. Divorce due to early marriage raises social problems in the community, such as high dropout rates for students, poverty, crime. The emergence of early marriage is caused by the low awareness of adolescents to understand Law number 1 of 1974 concerning marriage. This study discusses the understanding of law number 1 of 1974 concerning marriages which plays a role for adolescents to postpone early marriage in Indonesia. This research method uses a quantitative approach, involving 213 adolescent subjects with an age range of 17-22 years. Retrieval of data using a questionnaire that is the attitude of understanding marriage law, life satisfaction, resilience, and delaying early marriage. Analysis of research data using Spearman RHO correlation and non-linear regression. The results showed that the attitude of understanding marital law plays a role in delaying early marriage in adolescents in Indonesia.
32
Maulana, Achmad Bilal, and Muh Jufri Ahmad. "TINJAUAN HUKUM ISLAM DAN HUKUM POSITIF TERHADAP PERKAWINAN BEDA AGAMA." Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance 2, no. 3 (December 7, 2022): 1068–88. http://dx.doi.org/10.53363/bureau.v2i3.82.
Abstract:
This writing aims to examine the similarities and differences between Islamic legal perspectives and positive legal perspectives on marriage problems of different religions or beliefs. The method used is qualitative, with a comparative approach. Literature study or literature study, which contains studies of relevant theories with interfaith marriage problems. This writing is normative formal juridical and also includes descriptive research, in studying Islamic principles, interfaith marriages are divided into three parts: marriage between Muslim men and girls who are not Muslim (Non-Muslim), marriage between Muslim men and women. Kitab, and the marriage of Muslim women to women. Men who are not Muslim (Non-Muslim). From a regulatory perspective, law enforcement is not strengthened in Indonesia, therefore Law Number 1 of 1974 concerning Marriage and Compilation of Islamic Law (KHI) is a constitutional law that prohibits other marriages. Therefore, the Office of Religious Affairs (KUA) and Marriage at the Civil Office (KCS) does not want to carry out different marriage administration data collection.
33
& Ilham, Iswandi, Misbahuddin. "ISBAT NIKAH MUALLAF DALAM KONTEKS PLURALISME (ANALISIS PUTUSAN NOMOR 0062/PDT.P/2016/PA.JR)." Al-Qadha 7, no. 1 (July 29, 2020): 29–42. http://dx.doi.org/10.32505/qadha.v7i1.1523.
Abstract:
Judge's Decision Number 0062/Pdt.P/2016.Jr contains a discussion about the determination of muallaf marriage. The marriage procession was initially carried out in a Catholic way and was recorded at the Civil Registry Office, after the passage of time the husband chose to convert to Islam and wanted to have an official marriage book with the law. applicable, then submit a request for marriage Isbat to the Jember Religious court then the decision was issued. The purpose of this study is to describe judges' considerations, review Islamic law and analyze the determination of judges in case Number 0062/Pdt.P/2016/PA.Jr in the context of pluralism. The method in this study, using qualitative methods with a Normative Juridical approach. The results of this study are the first Isbat Marriage Marriage or different religious marriages according to the law that has been regulated in regulations Number 1 of 1974 Regarding marriage and ratified on the basis of the Law of Mixed Marriage Ordination Stb. 1898 Number 158. Second According to Islamic law interfaith marriages are permissible if certain conditions are adjusted to the existing provisions and adhere to the shari'ah that has been believed. Third, according to the view of pluralism of different marriages. Religion shows the attitude of tolerance in this plural society.
34
Putri, Prima Resi. "PENCATATAN PERKAWINAN YANG SAH MENURUT HUKUM PERDATA YANG BERLANDASAKAN UNDANG-UNDANG TENTANG PERKAWINAN." Ensiklopedia Sosial Review 3, no. 1 (February 21, 2021): 32–42. http://dx.doi.org/10.33559/esr.v3i1.676.
Abstract:
Law Number 1 of 1974 concerning Marriage has regulated the registration of marriages, detailed in Article 2 of Law Number 1 of 1974. Provisions regarding this registration are further regulated in detail in Government Regulation Number 9 of 1975 as a regulation for implementing Law Law No. 1/1974. Registration of marriages of those who are Muslim is carried out by Registrar as interpreted in Law Number 32 of 1954. The fact is that in the midst of the community many people still do not register their marriages at the authorized institutions. Resulting in unfavorable consequences for women or the wife and children born. The research method used is normative juridical legal research. The registration of a marriage is intended as an authentic means of proof with the evidence that a marriage can be prevented or canceled. This painting is not a valid marriage or not a marriage that occurs is only for administrative order only. The law requires each marriage to be recorded according to the applicable laws and regulations which means that a marriage is an important social event, therefore it is necessary to be recorded in a record provided specifically for that and to make the event an clear events for the concerned person or others.
35
Hanifah, Mardalena. "MARRIAGE UNDER AGE AND THEIR EFFECT ON THE RATE OF DIVORCE IN ROKAN HILIR DISTRICT." Diponegoro Law Review 6, no. 2 (October 31, 2021): 289–303. http://dx.doi.org/10.14710/dilrev.6.2.2021.289-303.
Abstract:
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.
36
Bernfeld, Barbara, and Jacek Mazurkiewicz. "Intricacies of German martial law on marriage." Studia nad Autorytaryzmem i Totalitaryzmem 42, no. 3 (March 25, 2021): 177–200. http://dx.doi.org/10.19195/2300-7249.42.3.9.
Abstract:
In the majority, young men participated in World War II, so German authorities were compelled to change some provisions of marriage law. First, some formal requirements for getting married were limited. Then the possibility of entering into a proxy marriage was introduced, when the groom was a soldier. Marriages with dead soldiers were also allowed. Divorces issued after the death of a spouse were allowed, not only in relation to marriages with soldiers. In the Federal Republic of Germany legal effects of announcing the conclusion of a post mortem marriage were regulated, giving a woman and a child born after concluding such a marriage certain rights.These legal transformations show that “in service” of demographic, social, ideological, polit-ical and moral reasons, the legislator is able to make surprising and abrupt normative changes, which sometimes, prima facie, seem to be risky, but not always deserving of condemnation.
37
Saad Saleh Al-Gharafi, Abdul-Ghani Abdul-Raqeeb. "Underage marriage in Islamic law and Yemeni law." Yemen University Journal 8, no. 8 (February 11, 2023): 1–38. http://dx.doi.org/10.57117/j.v8i8.32022.
Abstract:
This research aims to explain the marriage of minors and to know the point of view of Islamic law and Yemeni law on this marriage, as well as to know its causes and effects. This objective was achieved through an introduction, four chapters and a conclusion. The introduction included the importance of the research, the reasons for its selection, its problem, objectives, methodology, questions, hypotheses, previous studies and research, and its divisions. The first topic included: the nature of marriage, its legitimacy and its pillars in Islamic law.. The second topic contained: the concept of marriage of minors and the reasons for its emergence in contemporary societies. The third topic came: it included the legitimate and legal vision of the marriage of minors. The fourth topic included: the effects of marriage of minors. The conclusion included: the most important findings and recommendations. The researcher followed the descriptive approach based on induction, analysis and deduction. The research came out with the most important results and recommendations as follows: 1- Studying and analyzing the causes, motives and risks of underage marriage will limit the growth of the phenomenon by spreading awareness among the members of society. 2- Educating society about the dangers, negatives, and problems of underage marriage and its effects, and activating dialogue on this matter helps limit its increasing growth and contributes to combating the ignorance that surrounds some groups of society, which pushes them to hasten to marry off their daughters. 3- Early marriage is considered one of the social problems that the Yemeni society suffers from, and the Yemeni girl suffers from it, especially in the countryside. 4- The phenomenon of early marriage in Yemen was combined with many factors, including economic, social and cultural factors. 5- There are many effects that result from early marriage, including psychological, health, social and economic effects. 6- The presence of shortcomings in the Yemeni law regarding the marriage of minors, in Article No. (15) of its recent amendments in the Personal Status Law, which did not explicitly specify the age of marriage, and there is no explicit text specifying the penalty for those who violate the text of the law. 7- The prevalence of early divorce among young girls, due to several reasons, including, but not limited to, her lack of knowledge of marital rights, the lack of complementarity between the two marriages, or the lack of compatibility between them. 8- The high mortality rate of young mothers, due to their exposure to many risks of pregnancy and childbirth at an early age, including severe bleeding, acute anemia, etc. The researcher recommended several recommendations, the most important of which are: 1- Determining the age of marriage at (18) years, and urging the Yemeni legislator to amend Article (15) of the Personal Status Law No. (20) of 1992 AD and its amendments in Law No. (27) of 1998 AD so that it explicitly stipulates that the age of marriage be set at no less than (18) years. A solar system, specifying a penalty for those who violate it, and harmonizing other laws related to the personal status law with regard to the age of marriage for young girls. 2- Developing a media policy aimed at creating awareness among members of society, through visual, print and audio media, and social media, in order to clarify the harms of early marriage, and the risks, disadvantages, and problems of underage marriage and its future effects, and to provide an educational role through various relevant official and unofficial agencies and institutions such as the Ministry Education, media, human rights, the National Committee for Women, the Supreme Council for Motherhood and Childhood, civil society organizations and others. 3- Spreading legal awareness in society of the dangers and effects of child marriage. 4- Combined joint efforts (official and popular) to seek to achieve a safe age of marriage of eighteen years, in order to achieve the complete elimination of child marriage. 5- Urging researchers and those interested in the field of the family to prepare qualitative studies and in-depth specialized research on child marriage as a social phenomenon that includes all its different aspects in terms of its size, causes of its spread, damages and multiple effects.
38
Widayati, Widayati, Sri Kusriyah, Winanto Winanto, and Rizky Dindah Saputri. "THE LEGAL EDUCATION ON PREVENTING EARLY MARRIAGE AS AN EFFORT TO INCREASE COMMUNITY LEGAL AWARENESS." International Journal of Law Society Services 1, no. 2 (October 14, 2021): 103. http://dx.doi.org/10.26532/ijlss.v1i2.19964.
Abstract:
The state guarantees the right of everyone to form a family and continue their offspring through legal marriage, and the state also guarantees the right of children to survive, grow and develop as well as the right to protection from violence and discrimination. The Marriage Law requires the age of marriage to be 19 years. However, the marriage law does not explicitly prohibit the practice of early marriage, because the marriage law also provides dispensation facilities if the prospective bride or groom is still a minor. This causes many people to carry out underage marriages or early marriages, including in Bulusari Village, Bulakamba District, Brebes Regency. The reasons are due to pregnancy out of wedlock, economic factors, and cultural factors. The solutions offered are providing understanding to the public about marriage, increasing public legal awareness about the risks of early marriage, both social and health risks, and providing assistance to children and parents who undergo early marriage.
39
Lon, Yohanes S. "The Legality of Marriage According to Customary, Religion and State Laws: Impacts on Married Couples and Children in Manggarai." Jurnal Dinamika Hukum 19, no. 2 (December 22, 2019): 302. http://dx.doi.org/10.20884/1.jdh.2019.19.2.2429.
Abstract:
This study explores the complexity of marriage for people in Manggarai. Since they are citizens of the cultural community of Manggarai, Indonesian citizens, and members of a Catholic community, their marriage is required to follow the provisions of customary law, religious law, and state law. Using a library and ethnographic approaches, the study compares these laws on the legality of marriage and analyzes their differences and the impacts on the rights and obligations of married couples and children born to the couple. The study discovered that the differences in the provisions regarding the validity of a marriage between the three laws have provided space for the emergence of legal uncertainty and discriminatory treatment of customary marriages which are not legalized by religious law and state law as well as marriages that are divorced civilly but are still valid according to Catholic rules. Such a phenomenon is certainly a portrait of failure or incompetence in the attempt to unify marriage law in Indonesia through Law No. 1 of 1974 concerning Marriage. So it is urgent to have a more comprehensive new law that accommodates the wisdom of local customary law and provides protection for every citizen
40
Mariani, Mariani. "KEDUDUKAN PERKAWINAN BEDA AGAMA DAN PERKAWINAN CAMPURAN DI INDONESIA." Al-Banjari : Jurnal Ilmiah Ilmu-Ilmu Keislaman 19, no. 1 (June 29, 2020): 84. http://dx.doi.org/10.18592/al-banjari.v19i1.3821.
Abstract:
There are two categories of mixed marriages in Indonesia, namely mixed marriages between religions / different religions and mixed marriages across countries / different nationalities. This research method using descriptive-analytical method. The conclusions are: Mixed marriages carried out in Indonesia refer to the applicable marriage laws in Indonesia. In order to carry out mixed marriages between Indonesian citizens and citizens of other countries, in general the requirements for marriage as regulated in the marriage law must first be met; Mixed marriages across countries, namely marriages made by Indonesian citizens with foreign citizens are allowed and legalized / recognized by the State, as long as all the terms and conditions regulated by the laws of the respective countries of origin of the bride and groom are fulfilled and there is no prohibition for both of them to carry out wedding; and Islamic Law and Indonesian Positive Law allow marriage between two people of different nationalities, but prohibit mixed marriages due to religious differences and do not obtain legal legality.
41
Susilo Surahman. "Perkawinan Beda Agama Itu Boleh (?)." Jurnal Multidisiplin Madani 2, no. 4 (April 29, 2022): 1711–20. http://dx.doi.org/10.55927/mudima.v2i4.290.
Abstract:
Marriage of different religions is one of the social phenomena of society that has the potential to have impact implications in the future. One of them is the conflict between marriage as a human right and the regulation of marriage that emphasizes validity based on religious beliefs. This study aims to explain marriages of different religions from various perspectives. This research is qualitative research with a normative approach. The results showed that the opinion that marriages of different religions are allowed are based on Article 57 of Law 1/1974, where there is a marriage clause that is subject to different laws. This allows for marriages of different nationalities and different religions. In addition, Law 1/1974 is considered to have a legal vacuum, which can be done the application of Regeling op de Gemengde Huwelijk (GHR). Another basis for the permissibility of marriage of different religions is the Civil Code. While opinions that say marriage of different religions are not allowed are based on Law 1/1974, FATWA MUI, and KHI. Law 1/1974 and Human Rights have two (two) different perspectives, between allowing and prohibiting marriage of different religions.
42
Jatmiko, Bayu Dwi Widdy, Nur Putri Hidayah, and Samira Echaib. "Legal Status of Interfaith Marriage in Indonesia and Its Implications for Registration." Journal of Human Rights, Culture and Legal System 2, no. 3 (November 17, 2022): 167–77. http://dx.doi.org/10.53955/jhcls.v2i3.43.
Abstract:
Indonesia's marriage law prohibits interfaith unions. However, this provision has not yet taken effect. This study aims to find out how the legal status of marriage is different religions and how the recording provisions are valid in the eyes of the law. This research uses normative legal research methods, with a regulatory approach and data presentation in the form of descriptive analysis. The results of the research show that, first, regarding legal status, interfaith marriage is invalid in the eyes of the law, because it is contrary to the provisions of Law on marriage. However, based on the Supreme Court's decision couples of different faiths can request a court determination, henceforth to continue to carry out the marriage according to the beliefs held by each bride and groom. Second, regarding the registration of marriages for interfaith marriages, the bride and groom record them with the civil registry office and will be recorded as non-Islamic marriages.
43
Simajuntak, Herry Anto. "A Interfaith Marriage based on Positive Law and Protestantism Perspective." Al Ahkam 18, no. 2 (January 24, 2023): 30–36. http://dx.doi.org/10.37035/ajh.v18i2.7741.
Abstract:
Interfaith marriage is currently being widely discussed and is actually not a new thing for the multicultural Indonesian people. The marriage has occurred in the community (in various social dimensions) and has been going on for a long time. However, it does not also mean that the issue of interfaith marriage is not a problem, in fact it tends to always reap controversy among the public. There is an assumption that the cause is the existence of Law no. 1 of 1974 as amended by Law no. 16 of 2019 concerning Marriage, which does not accommodate interfaith marriage issues. The problems that have arisen recently are interfaith marriages are also widely opposed among the community, for example among Protestant Christians, because interfaith marriages are still considered taboo because according to Protestant Christianity, interfaith marriages will cause new problems in the future for descendants and in administration. Therefore, until now, there is no Protestant Christian religious leader who has agreed to legalize interfaith marriages because it is written in the Bible 2 Corinthians 6:14, which reads: "Do not be an unequal partner with unbelievers". Whereas, an unequal partner means that there are the differences in belief, so that according to the Protestant Christian faith, interfaith marriages are not approved. The prohibition of interfaith marriages is also the same as the view of Islam as stated in the Central MUI Fatwa Number: 4/Munas/VII/MUI/8/2005 which emphasizes the prohibition of interfaith marriages, both marriages between a Muslim woman and a non-Muslim, as well as marriages between a Muslim woman and a non-Muslim woman. a Muslim man with a woman of the people of the book.
44
Umami, Hafidhul. "PENCATATAN PERKAWINAN DALAM UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN PERSPEKTIF HUKUM ISLAM." Usratuna: Jurnal Hukum Keluarga Islam 4, no. 01 (December 29, 2020): 46–73. http://dx.doi.org/10.29062/usratuna.v4i01.256.
Abstract:
Marriage is a very sacred thing considering that it can legalize the relationship between a man and a woman, but many parties consider marriage to be an ordinary bond as evidenced by rampant prostitution wrapped in abusive marriages or contract marriage. It is important to overcome such things by passing the Marriage Law number 1 of 1974 concerning marriage, one of which is related to marriage registration. Islamic law does not explicitly discuss marriage registration, considering that in early Islam (ancient times) there was not much prostitution engineering in the name of marriage, in modern times there has been a lot of such prostitution to anticipate the emergence of the law on marriage registration. Marriage registration which is a government regulation does not violate the provisions in Islamic law and even supports Islamic law. Because this can bring maslahah and reject madlarat. This is in accordance with the principles of Islamic law, namely paying attention to the benefit of humans.
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Ginny Mega Maulidia Hasibuan. "The Relation of the Law on Marriage of the Batak Indigenous Clan with the Incest Marriage Law." Awang Long Law Review 4, no. 2 (May 21, 2022): 318–25. http://dx.doi.org/10.56301/awl.v4i2.384.
Abstract:
A clan marriage is a marriage between representatives of the same ethnic group and clan. In general, the Batak community expressly prohibits the marriage of a clan because this marriage is considered a blood marriage, this is a customary rule that must be obeyed by the community in order to avoid various sanctions and customary punishments that apply. Therefore, parents must inform their children as the next generation that the marriage of one clan is prohibited by the prevailing customary provisions. Until now the prohibition of marriage of one clan has been preserved by the Batak community. The purpose of this study was to determine the concept of kinship between a group of Batak people as a general concept of kinship and the legal consequences of a Semarga marriage. In addition, those who violate the prohibition are correct and relevant to be given social punishment, this provision is also related to Law no. 1 of 1974 which is the unification of the Marriage Law which according to general rules applies to marriages in Indonesia. This investigation is a form of empirical legal investigation, including legal identification and investigation of results. Legal normative approach using descriptive-analytic method is the research method used in this study.
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Noormansyah, Andra, and Umar Haris Sanjaya. "The Legal Vacuum Of Interreligious Marriage In Indonesia: The Study Of Judges’ Consideration In Interreligious Marriage Court Decisions 2010 -2021." Prophetic Law Review 4, no. 2 (December 1, 2022): 177–94. http://dx.doi.org/10.20885/plr.vol4.iss2.art3.
Abstract:
There are a legal vacuum and contradictory provisions in the Marriage Law, which states that it is not permissible for an Indonesian citizen to have an interreligious marriage. It has been requested for judicial review through the Decision of the Constitutional Court No. 68/PUU-XII/2014. Article 2 paragraph (1) of Law No. 1 of 1974 on Marriage stated that marriage is legitimate if the parties concerned have similar religions and beliefs. Moreover, it has become more obvious through judicial review of the Decision on Indonesian Constitutional Court Number 68/PUU-XII/2014, which decided that Article 2 paragraph (1) Law No. 1 of 1974 which amendment by Law No. 16 of 2019 required similarity in religions and beliefs of the marriage concerned parties are not necessary to do a judicial review. On interfaith marriage, the application proved that the judge on the district court’s decisions stated that Law No. 1 of 1974 on Marriage is not regulated, not emphasized, and not containing regulation of any sort about interfaith marriage. It’s proven in most judges’ court considerations of interreligious marriage around 2010 – 2021. This study takes two research formulations such as how a legal vacuum in interreligious marriage happens and how the judges in the court consider the law of interreligious marriage. This research uses a normative method which uses a conceptual and law approach. This research results that judges always consider interreligious marriages as a legal vacuum, it happened because the law that marriages do not clearly determine textually in law no. 1 of 1974. Therefore, even if clarified by Constitutional Court is clearly but practically interpreter different by judges in district court.
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Umar Faruq. "Tinjauan Yuridis Terhadap Perkawinan di Bawah Umur dalam Undang-Undang no 1 tahun 1974 dan Kaitannya dengan Hukum Islam." Al Fuadiy : Jurnal Hukum Keluarga Islam 4, no. 1 (June 24, 2022): 36–49. http://dx.doi.org/10.55606/af.v4i1.15.
Abstract:
Article 1 of Law Number 1 of 1974 states that marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on God Almighty. Based on the provisions of Article 2 paragraph (1) which states that a marriage is valid if it is carried out according to the law of each religion and belief. And the provisions of Article 7 paragraph (1) Marriage is only permitted if the man reaches the age of 19 (nineteen) years and the woman has reached the age of 16 (sixteen) years. As for the problem in this thesis, what is the view of Law Number 1 of 1974 and Islamic law on underage marriages and the legal consequences if a marriage is still carried out according to the provisions of Law Number 1 of 1974 and the provisions of Islamic law. And what efforts must be made so that a marriage that is still underage becomes legal according to law. The research in this thesis was carried out using the Library Research method or library research by studying the legislation on a number of books, writings and scientific works related to the material discussed in this thesis. According to the provisions of Law Number 1 of 1974 that a marriage is considered valid if carried out according to their religion and belief and reach the age limit that has been determined in the Marriage Law. On the other hand, according to Islamic law, a marriage that has fulfilled the pillars and conditions of marriage is considered a valid marriage even though it does not reach the age limit specified in the law so that the legal consequences are the same as marriages in general. Therefore, the marriage is not valid according to positive law, then the marriage has no legal consequences, but there is an impact of underage marriage on the status of children and wives. That is in terms of inheritance and child recognition
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Nurlaelawati, Euis. "PERNIKAHAN TANPA PENCATATAN: ISBAT NIKAH SEBUAH SOLUSI?" Musãwa Jurnal Studi Gender dan Islam 12, no. 2 (July 1, 2013): 261. http://dx.doi.org/10.14421/musawa.2013.122.261-277.
Abstract:
The Indonesian Islamic family law, through the kompilasi and the Law of Marriage of 1974, states that a marriage must be concluded in the presence of an official marriage registrar or must be registered. However, the laws differentiate between the religious validity and the state legality of marriage. They therefore do not consider a marriage as a religiously invalid if the parties concerned fail to register their marriage. In fact, considered illegal by the state, unregistered marriages are not seen as unlawful by religious authorities. It seems clear that the kompilasi is anxious not to deviate from the classical doctrine of marriage. This paper discusses unregistered marriage according to Indonesian State Islamic family law and in practical level and its legal impacts. It criticizes the rules on registration of marriage and its solution. Presenting a number of cases of unregistered marriages and some views of relevant authorities, it argues that there have been abuses in the application of the relevant rules on both registration marriage and isbat nikah.
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Khoyum, Adlian Aldita Alif Aisyah Ainur, Bertha Amilia, and Candra Hafidz Ardana. "Granting Inheritance to Extramarital Children in the Perspective of Islamic Law." Contemporary Issues on Interfaith Law and Society 2, no. 1 (January 31, 2023): 103–12. http://dx.doi.org/10.15294/ciils.v2i1.66343.
Abstract:
At present there are many cases of early marriage caused by a person getting pregnant before the legal marriage takes place. This incident encouraged the community to enter into legal marriages resulting in children born out of wedlock. While, in customary law if a woman gives birth to a child out of wedlock, the child will only have a civil relationship with the mother. The legal relationship that a child has only with his mother means that the child is not entitled to become the heir of his biological father's family. The purpose of this study was to determine the status of children outside of marriage according to Islamic law and marriage law in Indonesia. In addition, this study also aims to find out and analyze the position of the inheritance rights of children outside of marriage along with the distribution of inheritance rights to children outside of marriage when compared to their siblings who are children with legal marriages.
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Junaidi, Mila Surahmi, Desmawaty Romli, Citra Dewi Saputra, and Liza Nofianti. "Legal Counseling On Civil Rights Due To Marriage Different Religions In Ogan Ilir Regency – South Sumatra Province." IJCS 1, no. 3 (November 7, 2021): 225–30. http://dx.doi.org/10.51601/internationaljournalofcommunityservice.v1i3.39.
Abstract:
Interfaith marriage is a marriage bond between a man and a woman who have different beliefs and religions. In principle, interfaith marriages are prohibited by every religious teaching. Every religious instruction requires a marriage bond to be carried out in a bond of the same faith (one religion). Based on Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, it is explained that a marriage is considered valid if it is carried out according to their respective religions and beliefs. Legal problems arise due to interfaith marriages, including the validity of marriages that give rise to rights and obligations between husband and wife and children's status due to interfaith marriages on their inheritance rights. Interfaith marriages occur in society but are usually covered up. In the case of interfaith marriages in Ogan Ilir Regency, our Community Service Team, Faculty of Law, Sjakhyakirti University conducted legal counseling to understand the legal consequences of interfaith marriages, especially regarding the validity of marriages, child status, and inheritance.