Reformulation of Mafqud Husband Regulations in the Indonesian Marriage Law System in the Perspective of Maslahah Al Buthi

The purpose of this study is to identify the role of the Freijer Compendium on marriage law in Indonesia. This research method uses normative legal research (doctrinal), a library research aimed at written regulations. In this case, it focuses on the main source, namely the Freijer Compendium manuscript, as well as literature related to marriage law in Indonesia. The results show that the Freijer’s Compendium influenced marriage law in Indonesia which is an integral part of fundamental human rights, because legal recognition and protection of the institution of marriage is essential in upholding the principles of equality and justice in society. Freijer's Compendium then shaped the general understanding of Islamic marriage and inheritance law in Indonesia and became the legal basis for the Ordonnantie op het Huwelijk van Inlanders (Bumiputera Marriage Ordinance) during the Dutch government which developed into the formation of Law No. 1 of 1974.

This research problematizes the law of interfaith marriage in Indonesia and its application. By presenting some cases of interfaith marriages that occurred during 2022, through literature searches and media reports, this research shows the tendency of violations of human rights, particularly the right to freedom of religion or belief (FoRB), especially by using the argument of the Marriage Law No. 1, 1974. This study found that marriage law in Indonesia does not provide legal certainty for interfaith marriages, thus allowing certain groups to discriminate against interfaith couples accessing legal marriages. Furthermore, this research argues that one way to make marriage law in Indonesia inclusive is to use the human rights paradigm as the basis for formulating marriage law.

The Indonesian Marriage Law Act Number 1/1974, and the Compilation of Islamic Law (KHI) regulate the constitutional law of polygamous marriage in Indonesia. The act states that the basic principle of marriage in Indonesia is monogamy. The act also says that the husband must show evidence telling his ability to fulfill his family needs. The study on these issues conducted in Indonesia is a part of the Indonesia Islamic family law. The neglected protection of the child’s rights in a family needs to be escorted through imposing the rules concerning it. This study aims to find out the implementation of the protection of child rights in Islamic law on polygamous marriage. This research employed a qualitative method with a socio-legal study case approach. The result of the study showed first, there is always a problem in the matter of the child’s rights that should be fulfilled by polygamist fathers that have to be protected. Second, the rights of children in polygamous marriage cannot be fulfilled equally especially in unrecorded polygamous marriages. Third, there is uncertainty in the marriage law related to the maturity of children who are still under the protection of parents, where this uncertainty will make it difficult to implement the law. Basically, the protection of children in polygamous marriages has been regulated in the Islamic Marriage Law in Indonesia. However, there are still many gaps in Islamic legal protection in child protection in polygamous marriages, plus there are still many people who do not comply and ignore it.

Child marriage in Indonesia is a multifaceted issue, encompassing religious interpretations, cultural values, and even the influence of technological advancement. A significant factor is the amendment of Indonesian marriage law, which include Article 7, empowering judges to grant marriage dispensation. While this is viewed by some as a solution and a means of child protection through religious and cultural lenses, others see it as a perpetuation of child marriage, contradicting both child protection and marriage laws. This research aims to examine the impact of marriage law in Indonesia, specifically regarding age restrictions and its close association with marriage dispensations in religious courts. Critics argue that this provision has led to an increase in child marriages, with a multitude of biological, physiological, and sociological implications. This study employs normative legal research, incorporating legal, conceptual, and comparative approaches through case analysis and juridical methods. The findings indicate that Marriage Law No. 1 of 1974, along with its amendment—Law No. 16 of 2019, are legally inconsistent with Law No. 23 Year 2002 on child protection. Therefore, legal reform is recommended to raise the marriage age to 21, aligning with biological, psychological, and sociological definitions of adulthood.

The age limit for marriage in Indonesia is regulated in Law Number 1 of 2019, stating that men and women are allowed to marry with a minimum age of 19 years. Then those who are less than 19 years old can apply for a marriage dispensation which is submitted to the Religious Court following the applicant's jurisdiction. Marriage dispensation in Indonesia has not yet responded to child protection, so it is still found that the age is below the age of the child whose application is granted. Departing from the arguments above, in this study will discuss the policy of marriage dispensation to protect children (Evaluation of Article 7 Paragraph (2) of Law No.-Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage)This research is a type of library research. This research is descriptive-analytical. The primary data in this study are the Qur'an, Hadith, the 1945 Constitution, Law Number 1 of 1974 concerning Marriage, Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, PP. Number 9 of 1975 as the implementing regulation of Law no. 1974, INPRES No.1/1991 on the Compilation of Islamic Law (KHI), Law No. 35/2014 on Child Protection, and a decision on marriage dispensation from the Lampung Provincial Religious Court. Using three theories of maslahah mursalah, the data analysis in this study uses deductive thinking techniques, then the author makes data analysis with qualitative analysis. Research results, regulations regarding the age limit for marriage as regulated in Law Number 16 of 2019, that the minimum age for marriage is 19 years for men and women. This has referred to the law on human rights and the law on child protection. About the granting of marriage dispensation in Indonesia, there is still no clarity written in the law. The marriage law in Indonesia adheres to the principle of maturity in marriage, meaning that everyone who carries out marriage must have maturity in terms of mental and psychological. It can be concluded that the policy regarding the age limit for marriage and dispensation for marriage in Indonesia correlates with Law no. 23 of 2002 concerning Child Protection, Law No. 39 of 1999 on Human Rights, and decisions from the world child protection agency UNICEF. In the review of mashlahah mursalah, This means that every person who carries out marriage must have maturity in terms of mental and psychological. It can be concluded that the policy regarding the age limit for marriage and dispensation for marriage in Indonesia correlates with Law no. 23 of 2002 concerning Child Protection, Law No. 39 of 1999 on Human Rights, and decisions from the world child protection agency UNICEF. In the review of mashlahah mursalah, This means that every person who carries out marriage must have maturity in terms of mental and psychological. It can be concluded that the policy regarding the age limit for marriage and dispensation for marriage in Indonesia correlates with Law no. 23 of 2002 concerning Child Protection, Law No. 39 of 1999 on Human Rights, and decisions from the world child protection agency UNICEF. In the review of mashlahah mursalah,If the granting of the dispensation is regulated at least 18 years of age, to mature the child in terms of education and maturity in terms of mental and psychological health, then this will lead to more benefit in it.

Marriage is a physical and spiritual bond between a man and a woman as husband and wife whose aim is to form a happy and eternal family (household) based on the belief in the Almighty God. Law 1/1974 refers to the validity of a marriage held by Indonesian citizens based on the laws of their respective religions and beliefs. The aim of this thesis is to analyze the Towani Tolotang Traditional Marriage process in relation to Hindu Religious Marriages and analyze the validity of Towani Tolotang Traditional Marriages Based on Marriage Law in Indonesia. It becomes a problem when a community of Towani Tolotang believers are "forced" to choose Hinduism among the religions recognized by the government, which then relegates their belief to just a custom. The next big question about how the Towani Tolotang Traditional Marriage process relates to Hindu Religious Marriages is how is the validity of the Towani Tolotang Traditional Marriage based on Marriage Law in Indonesia. The research was carried out in Sidrap Regency, Panrenge Telelimpoe Village, Province. South Sulawesi, data collection was obtained using interviews and analyzing data from literature references, either from books or from journals via the internet. After the data obtained has been collected, it will then be discussed and explained in accordance with applicable regulations and the final results will be concluded. The results of the conclusions must be in accordance with the research results from the title "The Validity of Marriage in the Towani Tolotang Traditional Perspective (Study in Sidrap Regency, South Sulawesi Province)", Based on the results of the analysis and interviews regarding Towani Tolotang Traditional Marriage and Hinduism, namely that the procedure or process of marriage what is carried out by the Towani Tolotang Custom is not the same as the provisions of the marriage procedures in Hinduism, furthermore the Towani Tolotang Customary Marriage is declared valid according to the provisions of the Law. Marriage in Indonesia is because the marriage is carried out in accordance with the principles or principles and values ​​contained in Law 1/1974.

The principle of monogamy as stated in the Indonesian Marriage Law is the principle adopted by the law, which states that in a marriage a husband may only have one wife and vice versa. However, the law also explains the permissibility of a husband practicing polygamy or having more than one wife by fulfilling the stipulated requirements. Often in practice, the right to polygamy is misused so that injustice or gender inequality arises. In addition, the Compilation of Islamic Law (KHI) is also the basis for regulating polygamy, which is regulated in Articles 55 to 59. Article 55 of the KHI firmly states that a man who practices polygamy will be limited to up to four wives by fulfilling the main requirement, namely that there must be fair treatment from the husband towards his wife and children. If the husband violates the main requirements, then he is not allowed to practice polygamy. The researcher uses a normative legal method in research or is generally called doctrinal legal research, this method is a method that emphasizes the investigation of the application of legal norms or positive rules that are enforced and associated with the enforcement of the principle of monogamy in Indonesian marriage law. In addition, this study uses a comparative technique between marriage law and a compilation of Islamic law related to the principle of monogamy that is enforced in marriage in Indonesia. Polygamy in marriage in Indonesia must be understood as an alternative path or a choice to do it or not in a truly emergency situation. Therefore, the principle of monogamy needs to be enforced, namely by a man being limited to having more than one wife except in urgent conditions.

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.

Indonesian Government has made changes to the minimum age limit for marriage in the Marriage Law to prevent the practice of underage marriage and protect children's rights, which are part of human rights. This research aims to examine the sociological aspects of changes in the age limit for marriage in Indonesia, which basically uses the Universal Human Rights approach as the main instrument in revising the Marriage Law in Indonesia by using the view of human rights put forward by Mashood A. Baderin. This research is a normative juridical research that uses a historical and conceptual approach. The results of this research show that two sociological aspects underlie changes in the minimum age limit for marriage in Indonesia, namely the health and education aspects. Changes in the minimum age limit for marriage are intended to fight for children's rights, especially health and education. According to Mashood A. Baderin, the Al-Qur'an and Hadith have regulated children's rights. Changes in the minimum age limit for a marriage intended to fight for children's rights align with Mashood A. Baderin's views on children's rights in Islamic law.

Regulations regarding the minimum age for marriage in Indonesia have basically gone through a long history and dynamics starting from the pre-Dutch Colonial government until the New Order era when Law Number 1 of 1974 concerning Marriage was born and was most recently revised into Law Number 16 of 2019 concerning Amendments. Based on Law Number 1 of 1974 concerning Marriage. This research discusses two problem formulations, First, how is the minimum age limit for marriage regulated before the Constitutional Court Decision Number 22/PUU-XV/2017?, Second, what are the legal politics of the minimum age limit for marriage after the Constitutional Court Decision Number 22/PUU-XV/2017 ? To be able to discuss this problem, a normative juridical research method with a historical and statutory approach is used, where the data source used is a secondary data source. From the research and discussions that have been carried out, the following results were obtained: First, the history of setting the minimum age limit for marriage in Indonesia has started since pre-Dutch Colonial times where at that time the applicable marriage law was the respective religious law which was then enforced during the Dutch occupation. Classification is based on ethnicity and each group has its own rules. In the old order era, Law Number 22 of 1946 concerning Marriage Registration, Divorce and Reconciliation (hereinafter referred to as NTR) was born, in the new order era Law Number 1 of 1974 concerning Marriage was born, which was followed by its first revision in the reform era to become Law. Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. Second, the will (political will) of the state authorities is a determining factor in where the law will be directed, including in the issue of determining the minimum age limit for marriage. This can be seen from the development of marriage law in Indonesia starting from the Dutch colonial period, the post-independence period, and the New Order period where marriage law experienced a very strong influence from the interests of the authorities.

<p><em>This article aims to find out and describe the legal consequences of the sex recession in Indonesia from the perspective of marriage law. The research method used in this study is the normative research method with a literature study approach. The results of this study indicate that marriage recession is a phenomenon and is a necessity in marriage law in Indonesia. When referring to the legal basis of marriage and in the compilation of Islamic law, there is no prohibition on delaying marriage based on the reasons for one's self-development. However, this will impact the legal condition of marriage in Indonesia in the future. Referring to the marriage law and the compilation of Islamic law, the term postponement of marriage is not explicitly mentioned. It is more about preventing marriage. In the Marriage Law, the Prevention of Marriage is regulated in III, which consists of Article 13 to Article 21. Meanwhile, in the compilation of Islamic law, marriage prevention is regulated in Chapter X, divided from Article 60 to Article 69.</em></p>

Historical development of the law of marriage in Indonesia experienced a long process until it forms into a law. Various responses of the law appears to be related to the formation of this marriage. This article discusses the public response to the marriage law in Indonesia. This study uses the approach of legal history. The results showed that the birth of the marriage law in Indonesia can’t be separated from political interference and the existence of women's and feminist Indonesia. Then in this era of reform, gender activists would like to reconstruct Law 1 of 1974.

Indonesia has a plurality of religions adhered to by its population. The issue of marriage in Indonesia has become a polemic because often couples who will enter into a marriage of different religions avoid the existing laws in Indonesia by entering into marriage abroad, or continue to carry out marriage even though they are of different religions, while some convert to the religion of one of the partners so that the marriage can take place. The turmoil that arose to the surface after the birth of SEMA Number 2 of 2023 made the assumption that its contents were incompatible with Indonesia's diversity and Pancasila, a setback in guaranteeing the rights and freedoms of citizens from diverse backgrounds, and curbing the freedom of judges in interpreting and making decisions that were as fair as possible according to the trial. The type of research used is Normative research, which relies on primary legal materials with a statutory approach. The purpose of this research is to find out the syncranization and harmonization of SEMA 2 Year 2023 in the regulation of interfaith marriages in Indonesia. The conclusion of this research is that SEMA No. 2 of 2023 does not contradict the existing laws above it when associated with existing marriage regulations in Indonesia because marriage law in Indonesia submits the validity of marriage based on each religion. Human rights in Indonesia in Law Number 39 of 1999 concerning human rights marriage is carried out in accordance with statutory provisions, SEMA is not a legal product, but only as a guide for judges in deciding cases of interfaith marriages.

In Indonesia, matters regarding marriage are regulated under Law Number 1 of 1974, which was amended by Law Number 16 of 2019. Article 1 stipulates that marriage is for our happiness now and in the eternities based on the belief in One and Only God, which means that marriage involves not only the two parties, but also their religious beliefs. Article 2 (paragraph 1) stipulates that marriage can be legally recognized when it is performed according to the religion of the two parties. While religion plays a role in the marriage, it has no involvement in the divorce settlement. This can be seen in the provisions of Article 39 paragraph (1) stating that divorce can only be granted in front of a court session after the court has tried and failed to reconcile the two parties. There are some ambiguities in the regulations under the Indonesian Marriage Law. This paper specifically deals with the marriage of Catholics which is rooted in the Canon Law. Marriage ceremony in Catholicism begins with the couple saying wedding vows which are then confirmed and blessed by the church pastor. The wedding vows are words of commitment to a shared life that are irrevocable. Therefore, as part of reforms to marriage law in Indonesia, this paper aims to find the ratio legis of Canon Law to be part of marriage law in Indonesia. The paper uses a normative research with statutory, conceptual, and philosophical approaches. Catholic teachings refer to the Scriptures and Canon Law so that religious law should ideally be part of positive law. The wedding vows in Catholic tradition are irrevocable except in cases of marriage impediment, defective marriage contract, and invalid forma canonica. In such cases, rather than divorced, a marriage can be annuled and, therefore, asserted that no valid marriage ever existed in the first place. Keywords : Canon Law, Ratio Legis, Marriage Law DOI: 10.7176/JLPG/119-09 Publication date: March 31 st 2022

In the context of positive law in Indonesia, interfaith marriage is not recognized, because according to Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, it is explained that a valid marriage is based on the laws of each religion and belief. However, this is not enough to accommodate the development of marriage law in Indonesia, such as in the case of Judgement Number 508/Pdt.P/2022/PN JKT.SEL whose gives permission to applicants who are bound by marriage but of different religions to register their marriage at South Jakarta Department Population and Civil Registration Agency. So based on this, this research aims to find out how the concept of universalism and cultural relativism is in the context of interfaith marriage and how is the legalization of interfaith marriage in Indonesia in the context of marriage as one of the non-derogable human rights. This research uses legal research methods. So that the results of this research found that, first, interfaith marriages in Indonesia still do not have clear and firm regulations, giving rise to legal uncertainty and legal vacuum, the principle of universalism is more relevant in the context of interfaith marriages in Indonesia than the cultural relativism concept. Second, the state can issue an Interfaith Marriage Book as a form of legalizing interfaith marriages in Indonesia and providing legal certainty.