Age Limit Of Marriage Research Articles

Implementation of marriage dispensation towards early marriage: A case study in Selo District, Boyolali Regency

Marriage dispensation is a granting of the right to a person to marry even though they have not reached the minimum age limit for marriage. Marriage dispensation is regulated in Article 7 paragraph (2) of Law No. 16 of 2019 amending Law No. 1 of 1974 concerning marriage. Underage marriage or so-called early marriage is a marriage carried out by a person who is still under the age specified in the statutory regulations. In Law No. 16 of 2019 it is stated that permission to marry is given if the man and woman are 19 years old. If it will be done under that age, it can be done through a marriage dispensation at the Religious Court. This shows that the application for a marriage dispensation case is a major concern of the Government as an effort to minimize the practice of underage marriage in Indonesia. This type of research is field research. Field research is research conducted by collecting data and information obtained directly from the research location, which aims to study intensively about the background of the current situation and environmental interactions of a social group, individual, institution or community. The results of the study showed that there are several factors that cause early marriage, namely economic factors, educational factors, customary and habit factors. From this it can be said that the factors that cause early marriage are due to poor economic factors in society, low educational factors in society, and customary and habit factors in society to marry off their children at an early age

THE IMPLEMENTATION OF THE MARRIAGE AGE LIMIT

Article 7, Paragraph (1) of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 on Marriage states that "Marriage is only permitted if the man and woman have reached the age of 19 (nineteen) years." However, in practice, there are several cases of underage marriage without marriage dispensation in Kutapanjang District. The purpose of this study is to explain the implementation of Article 7, Paragraph (1) of Law Number 16 of 2019 concerning the Marriage Age Limit in Kutapanjang District, Gayo Lues Regency, and to identify the causes of underage marriage without a marriage dispensation. This research is empirical juridical research. The data were obtained through field research, primarily using interviews. The findings indicate that the implementation of Article 7, Paragraph (1) of Law Number 16 of 2019 concerning the Marriage Age Limit in Kutapanjang District, Gayo Lues Regency has not been fully effective, as several couples still do not comply with the regulations. As a result, the implementation of Article 7, Paragraph (1) in Kutapanjang District, Gayo Lues Regency has not been maximized. The factors contributing to underage marriages without marriage dispensation can be categorized into three: First, coercive circumstances where the female party is already pregnant, leading to an immediate marriage to avoid social disgrace for the family and community. Second, economic pressure, where families believe marrying off their children reduces the financial burden of supporting them. Third, rejection of a marriage dispensation request by the Sharia Court, leading to unofficial or unregistered marriages. It is recommended that the government, especially the Office of Religious Affairs (KUA), be more proactive in raising awareness about Law Number 16 of 2019, which amends Law Number 1 of 1974 regarding the Marriage Age Limit, to all levels of society.

Pencegahan Pernikahan Dini: Strategi Membangun Kesadaran Hukum untuk Mewujudkan Masa Depan Lebih Baik

Marriage at an early age is a phenomenon that is still happening in the Long Sand Village, the Eastern Mempawah district, the district of Mempawha, and areas with low educational and economic levels. Early marriages have a wide range of negative effects, both in terms of health, psychology, and society. Lack of legal understanding of the age limit for marriage and its legal consequences are often the main cause. Therefore, increased legal awareness in society has become crucial to reducing the number of early marriages. This dedication is aimed at raising public awareness and understanding of the law relating to marriage at an early age, as well as providing education on the negative impact of early marriage and the importance of postponing marriage to a more mature age. The dedication takes place through several stages, namely an initial survey to measure the level of public understanding, socialization, and education through workshops, and targeted group discussions. In addition, legal support services and advice are provided for families vulnerable to early marriage. The activity has been successful in raising awareness and understanding of the law amongst the public, especially regarding the age limit for marriage and the negative impact of early marriage. The active participation of adolescents and parents in the discussion indicates a change in attitude and increased commitment to postponing early marriages. Evaluations through post-activity questionnaires show a significant improvement in legal understanding and awareness of the importance of education and self-development for adolescents.

Potensi Maraknya Kasus Dispensasi Nikah Akibat Revisi Undang-Undang Nomor 16 Tahun 2019 tentang Perkawinan di Pengadilan Agama Purwokerto Kelas 1A

Abstract. The marriage age limit is the core of the change in marriage law number 1 of 1974 to law number 16 of 2019. According to the latest law, the minimum age for marriage is equal between men and women, which is 19 years old. However, after the change, the application for marriage dispensation increased at the Purwokerto Religious Court Class 1A. The purpose of this research is to find out the factors that cause the submission of marriage dispensation and the impact it has on the recipients of marriage dispensation. The type of research used in this research is empirical research or field research and uses a qualitative approach. The data used are primary and secondary data. Keywords: Marriage Dispensation, Marriage Law

Relevansi Batas Usia Perkawinan di Indonesia: Perspektif Madzhab Syafi’i dan Kompilasi Hukum Islam

This research is motivated by the existence of age limits for marriage in Indonesia. The aim is for the common good in building a household built through a marriage bond, although in reality, early marriage can still be carried out by submitting a marriage dispensation through the courts for specific reasons. The focus of this research is: (1) How is the argument of the Syafi'i school of thought about the age limit for marriage; (2) How is the age limit for marriage in the Compilation of Islamic Law (KHI); and (3) The relevance of the age limit for marriage in Indonesia from the perspective of the Syafi'i School of Thought and the Compilation of Islamic Law. The type of research used in this research is library research, namely by using data from books or books that are in accordance with the title of the research as a source of study, along with reviewing and reading writings and books that are related to the object of discussion. The approach used by researchers in this writing is normative, in the sense of trying to examine the law that has been conceptualized as rules and norms that have been applied in society and become a legal reference for everyone. The results of this study, in the view of the Syafi'i School, the age limit for marriage is seen from maturity, namely when he has reached puberty. Among the signs for someone who has reached puberty is the release of semen for men, usually at the age of 12 years, and menstruation for women, usually at the age of 9 years, because for someone who has reached the nature of puberty and aqil, it means that they have become ahliyah al-ada' who can be burdened with the responsibilities of sharia such as muamalah and other transactions. On the other hand, the Compilation of Islamic Law has provided an age limit for marriage, namely 19 years for men and 16 years for women, because Indonesian scholars see several factors that limit the age of marriage, such as avoiding early marriage, which has a terrible impact on married couples. Regarding its relevance in its implementation in Indonesia, the age limit for marriage in the Compilation of Islamic Law has been determined. However, if you still want to marry under the age that has been determined, you must go through a trial process to request a marriage dispensation from the panel of judges. The opinion of the Syafi'i School can be a choice that can be considered by the panel of judges to approve a marriage dispensation, namely the adequacy of the age of puberty as one indicator of maturity.

Upaya DP3APPKB Kabupaten Karanganyar dalam Memberikan Edukasi Kepada Masyarakat Akan Resiko Pernikahan Dini

Marriage is defined as an inner innate bond between a man and a woman to form a family that is sakinah, mawaddah, warahmah. Ideally, marriage is carried out by those who are mentally ready and old, but it is not uncommon to find many marriages under the age set by law. The marriage age limit is regulated in Law Number 16 of 2019 concerning Marriage, namely both men and women must be at least 19 years old. Data from UNICEF states that Indonesia alone has 1.2 million cases of underage marriage. The purpose of this study itself is to see the efforts made by the government in terms of overcoming the problem of early marriage in the Karanganyar area. The research method carried out is qualitative with a case study approach, or data is taken according to the stipulation of criteria that have been set previously. The results of the research obtained from the Karanganyar Regency DP3APPKB are efforts made by the government, namely by educating the public about the risks of early marriage and what negative impacts will be felt. The data is then processed using the structural perspective of Talcott Parsons' functionalism, in the concept of AGIL (Adaptation, Goal Attainment, Integration, Latency).

Transformasi Sosial: Pengabdian Masyarakat dalam Sosialisasi UU Batas Usia Perkawinan di Kecamatan Cilengkrang Kabupaten Bandung

Early marriage is a significant social problem in Indonesia, including in Cilengkrang District, Bandung Regency. In an effort to address this problem, the Indonesian government issued Law Number 16 of 2019 which sets the minimum age of marriage to 19 years for both men and women. Community service in socializing this law in Cilengkrang Sub-district aims to increase community understanding and compliance with the regulation. The program involves various educational activities, such as counseling, group discussions, and training for community leaders and educators. The methods used include direct approaches through village meetings and indirect methods through social and print media. The results showed that the involvement of community leaders and religious leaders was very effective in conveying messages and reducing resistance to legal change. The main challenges faced were changing entrenched mindsets and problems accessing information in remote areas. Recommendations to improve the effectiveness of this program include increasing the involvement of community leaders, optimizing the use of media, continuous training, inter-agency cooperation, periodic evaluation, and a culturally sensitive approach. With the implementation of these recommendations, it is expected that the socialization of the marriage age limit law in Cilengkrang Sub-district can be more effective, reduce the number of early marriages, and create an environment that supports the optimal development of children and improves the overall welfare of the community.

Tinjauan Yuridis Terhadap Permohonan Dispensasi Nikah Pasca Berlakunya Undang-Undang Nomor 16 Tahun 2019 Perkawinan

Marriage is the right of every person who aims to form a family by a husband and wife as regulated in article 1 of Law Number 1 of 1974 concerning Marriage that Marriage is a physical and spiritual bond between a man (husband) and a woman (isrti) whose aim is to form a happy and eternal family (household) based on belief in Almighty God. However, along with the dynamics that are developing in society, currently there are many underage marriages or what is often referred to as early age marriages. Early Marriage can be interpreted as a marriage that takes place even though they are still children. The age limit for marriage is regulated in article 7 paragraph (1) of Law Number 16 of 2019 concerning Marriage which states that marriage is only permitted if the man and woman have reached the age of 19 (nineteen) years. This research uses a Normative Juridical method, which means that this research is based on searches with reference to and based on norms, legislation, legal theories and doctrines, court decisions and other library materials that are relevant and in accordance with the topic discussed in this research.

Legal Politics of Changes to Marriage Laws in Indonesia

The research aims to analyze changes to articles in Law Number 16 of 2019 concerning Marriage which are the result of revisions to previous provisions, namely Law Number 1 of 1974 concerning Marriage. This research is a juridical research by analyzing legal politics regarding changes in marriage law using a statutory approach, case approach, conceptual approach, and legal comparative approach. The results of this research are: First, the revision carried out by the government still leaves legal problems, this is based on the decision of the Constitutional Court in several judicial reviews of Law no. 1 of 1974 concerning Marriage. Second, the age limit regulated in Law no. 16 of 2019 concerning Marriage is not yet ideal and synergistic with other statutory provisions. Third, the purpose of the amendment to Law no. 1 of 1974 concerning Marriage is to reduce legal problems in society. On the other hand, the same problems still occurred when the previous provisions were implemented, such as the death rate for girls who married at a young age, the increasing number of requests for marriage dispensations, and the failure to achieve the marriages desired by law. However, changes to the marriage age limit provisions at least attempt to minimize cases of early child marriage in Indonesia.

Politik Hukum Batas Minimum Usia Perkawinan Pasca Putusan Mahkamah Konstitusi Nomor 22/PUU-XV/2017

Abstract 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.

Penyuluhan Tentang Pendewasaan Usia Perkawinan di SMP N 1 Sungai Tebelian Tahun 2024

Increasing the age of marriage is an effort to increase the age at first marriage, namely the minimum age of 21 years for women and 25 years for men. The aim is to find out the healthy age limit for marriage and the impact of early marriage and unwanted pregnancy. The activity method is counseling on preparation for menarche including surveys, determining implementation schedules and data collection, pre-tests, socializing activities with outreach media, namely videos and leaflets. The activity was held on June 12 2024 at SMPN 1 Sungai Tebelian which was attended by 59 students aged 12-15 years. Post test and evaluation of questionnaire data processing using the Paired Sample Test. The results of data analysis show changes in the increase in knowledge of young women in pre-test and post-test Sig values. (2-tailed) of 0.000 < 0.05. The conclusion is that there is a difference in the increase in knowledge before and after counseling on maturation during marriage at SMPN 1 Sungai Tebelian. This outreach activity increases students' knowledge about healthy marriage age limits and the impact of early marriage and unwanted pregnancies.

Age Limit of Marriage in Islamic Family Law: A Comparative Study between Morocco, Pakistan, Malaysia, and Indonesia

The renewal of marriage laws in the Islamic world is not a new thing but has been debated since ancient times. The cause of these differences began with the rise of awareness from the community and scholars that the concept of Fiqh used was no longer in line with the times, so there needed to be a new legal reform that was in line with the demands of the Islamic community, especially in marriage in determining the age limit of marriage that occurred in Asian countries namely Morocco, Pakistan, Malaysia, and Indonesia. The development of knowledge about the situation and conditions of the developing community at that time was one of the factors that triggered family law reform. The method used in this writing is library research, with a legal analysis approach. so it involves an analysis of the legal regulations and provisions that apply in Islam. The regulation analysis carried out involves a comparison of family law in various countries related to the age limit of marriage. The discussion is interesting because it will provide consideration of the ideal age of marriage reviewed from the positive law of the country, and will know the historical side of the provision of age limits in marriage in comparative law in the country so that it is obtained in its application in the Islamic country it is different but not far from the age recommended in reaching adulthood and maturity of thinking, mental readiness because each country has its limits to measure the maturity of children to get married.

Transformasi Sosial: Pengabdian Masyarakat dalam Sosialisasi UU Batas Usia Perkawinan di Kecamatan Cilengkrang Kabupaten Bandung

Early marriage is a significant social problem in Indonesia, including in Cilengkrang District, Bandung Regency. In an effort to address this problem, the Indonesian government issued Law Number 16 of 2019 which sets the minimum age of marriage to 19 years for both men and women. Community service in socializing this law in Cilengkrang Sub-district aims to increase community understanding and compliance with the regulation. The program involves various educational activities, such as counseling, group discussions, and training for community leaders and educators. The methods used include direct approaches through village meetings and indirect methods through social and print media. The results showed that the involvement of community leaders and religious leaders was very effective in conveying messages and reducing resistance to legal change. The main challenges faced were changing entrenched mindsets and problems accessing information in remote areas. Recommendations to improve the effectiveness of this program include increasing the involvement of community leaders, optimizing the use of media, continuous training, inter-agency cooperation, periodic evaluation, and a culturally sensitive approach. With the implementation of these recommendations, it is expected that the socialization of the marriage age limit law in Cilengkrang Sub-district can be more effective, reduce the number of early marriages, and create an environment that supports the optimal development of children and improves the overall welfare of the community.

Reconceptualizing the Marriage Age Limit in Indonesia: Efforts to Strengthen Family Resilience in North Sumatra

Reconceptualizing the Marriage Age Limit in Indonesia: Efforts to Strengthen Family Resilience in North Sumatra

Analysis of the Success of Religious Courts in Reducing the Number of Marriage Dispensations as an Effort to Support the Government in Preventing Child Marriage

Dispensation for marriage is actually considered a simalakama fruit, because changes to the age limit for marriage seem futile if in the end minors can legally marry with dispensation from the Court. The facts on the ground show that the ambiguity in Article 7 of Law No. 16/2019 on Marriage leaves more serious problems. As a result, several court institutions have been flooded with applications for dispensation for various reasons submitted by parents of children who wish to marry. Malang District, which contributed the highest number of marriage dispensations in East Java in 2022, has conducted various policy programs that have succeeded in reducing the number of marriage dispensations. This article analyzes the success of the Religious Court in reducing the number of marriage dispensations as an effort to support the government in preventing child marriage and what the level of success is by using descriptive qualitative research methods with Allan McConnell's Policy Success theory. This article explores the success of preventing child marriage from the program dimension and its level of success. The results showed that in the indicator of implementation according to the objectives, the level of success was included in Success. Meanwhile, in the indicator of achieving the expected results, the level of success is included in Resilient Success because although there is a decrease in applications for marriage dispensation every year, the number is still high. And finally, the indicator provides benefits to the target group, the level of success is included in Success.

Determination of the Minimum Age Limit for Marriage: Balancing Legal Supremacy and the Objectives of Sharia in Indonesian Marriage Law

Determination of the Minimum Age Limit for Marriage: Balancing Legal Supremacy and the Objectives of Sharia in Indonesian Marriage Law

ANALYSIS OF ISLAMIC LAW REGARDING THE ISSUANCE OF MARRIAGE DISPENSATION IN INDONESIA

Marriage dispensation is a legal solution for those who mostly do not yet have formal legal authority to marry. By taking the step of marriage dispensation, they are trying to ensure that their marriage can be legally recognized. This study analyzes differences of opinion among fiqh experts in determining age limits (baligh, ihtilam, rushd) which have implications for the right to consent in marriage. Marriage is prescribed in the Qur'an to realize the process of human regeneration. The desired generation is a generation of quality so that the task of living life is carried out based on the goals set by the Koran. This research aims to find out how the age limit for marriage in Islam is then analyzed by Islamic school scholars. Islam itself does not limit the ideal age for marriage. The jurists have different opinions regarding the age limit for marriage. The Shafi'i and Hanbali schools believe that the ideal age for marriage is 15 years, while Abu Hanifa believes that the age of maturity comes at 19 years for women and 17 years for men. Meanwhile, Imam Malik believes that the ideal age of maturity is 18 years for both men and women.

Implikasi Hukum Terhadap Perkawinan Anak: Pelanggaran Hak-Hak Anak dan Tanggung Jawab Negara

In general, the purpose of marriage is to fulfill human desires in order to create a happy household, in accordance with applicable regulations. However, today the marriage of minors has become an increasingly pointed issue in the context of law, humanity and the protection of human rights. Child marriages often involve one party who has not reached the age of majority, causing a wide and serious impact on the rights of children and society in general. This paper aims to examine more deeply how Indonesian law regulates the age limit of marriage and whether these rules are effective in preventing child marriage, as well as to describe the legal impact of child marriage and the role of the government in strengthening legal protection for victims of child marriage. The method used in this paper is a normative legal writing method using data collection techniques through document study activities on secondary data. The findings of this paper are that children involved in marriage often lack the ability to give free consent. In many cases, child marriage violates the fundamental rights of children in accordance with the UN Convention on the Rights of the Child, Indonesian positive law and other international laws that protect children from exploitation, violence and discrimination. The state's responsibility is not only limited to enforcing laws and regulations that protect children from exploitation, violence and discrimination.

Pernikahan dini perspektif hukum islam dan hukum positif

Islam strictly speaking does not have rules that determine the age limit for marriage, based on Islamic law basically all age levels can enter into marriage. In Islam, the conditions for marriage are 'aqil and puberty which do not look at age limits. The method used is library research, namely by reading and studying books and writings that are related to the object of discussion, namely early marriage according to Islamic law and statutory regulations in Indonesia. The results of this research include: Ulama have different opinions regarding the age of marriage, including: Most Maliki madzhab ulama are of the opinion that the age limit for menstruation for women and men is 17 years or 18 years. Abu Hanifah believes that the age of puberty is 19 years or 18 years for men and 17 years for women. Imam Syafi'i, Ahmad, Ibnu Wahab and Jumhur are of the opinion that this is at the perfect age of 15 years. According to Marriage Law no. 1/1974 as a positive law in force in Indonesia, sets the age limit for marriage at 19 years for men and 19 years for women. In article 6 paragraph (2), it is stated that a person is said to be an adult if they reach the age of 21 years, so that in carrying out a marriage there is no need to obtain permission from both parents. The problem of early marriage in Indonesia according to Islamic law and Law no. 1 of 1974 concerning Marriage is based on the interests of children's rights, so that children can spend their time playing and studying. Apart from that, it is also necessary to pay attention to the impacts caused by early marriage, because they are not mature in thinking and resolving problems in marriage. So the goal of a mawwadah and rahmah marriage is not achieved optimally.

Di Sebalik Isu Perkahwinan Nadrah: Tumpuan Terhadap Pandangan Ahmad Luthfi dalam Majalah Qalam (1950–1963)

The issue of Nadrah began to draw the attention of the world community in the early 1950s due to the trial of custody rights between her Malay adoptive mother and her Dutch biological parents. This event sparked a major polemic since it touched the sensitivities of the Malays and Muslims. Among the dominant issues in the Nadrah tragedy was the issue of Nadrah’s marriage, which had become the main topic in the newspapers and magazines at that time, including the Qalam magazine. Compared to other print media, the Qalam magazine seemed to emphasise more on reports that were based on Islamic beliefs and morals in relation to the issue of Nadrah. In relation to this, the current study examined the perception of Ahmad Luthfi, as a founder, publisher, and author of the Qalam magazine, on the issue of Nadrah’s marriage from the aspects of age limit for marriage, Islamisation and faith, women’s freedom, the role of kadi (a judge)/wali (Islamic legal guardian) and Islamic administrative law. The resources and materials in this article were obtained from the National Archives of Malaysia, Tun Sri Lanang Universiti Kebangsaan Malaysia Library, Universiti Malaya (UM) Main Library, UM Za’ba Memorial Library, UM Ahmad Ibrahim Library, UM Academy of Islamic Studies Library, and other sources. The findings of the study show that Ahmad Luthfi had a clear perception of the Islamic law based on the Al-Quran and Hadith. He would not compromise with those who undermined Islamic law. His views had invited positive and negative reactions from various parties.