Marriage Dispensation Research Articles

The Legal Protection Against Child Marriage in Indonesia

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">Every child is a human being who possesses the right to justice, freedom, and opportunity to develop regardless of nationality, race, religion, or skin complexion. These rights of children are guaranteed by the United Nations Universal Declaration of Human Rights. However, its reality indicates otherwise, as children are often the victims of exploitation. One of the worst such kinds of child exploitation is child marriage. This study aims to analyze the legal protection against child marriage in Indonesia. This research is conducted through the normative analysis of various written sources. This study concludes that the Indonesian Child's Act even has a provision that stipulates the obligation of parents to prevent early marriages. However, that the law is somewhat effective in Indonesia. Unfortunately, the fatal flaw is the low-threshold provision that enables parents to request dispensation for early marriage. This shatters all the efforts to eliminate child marriage. Thus far, the Indonesian Government also has shown its reluctance to ever amend discriminatory provisions in the Indonesian Marriage Act related to the practice of child marriage despite numerous recommendations from the Convention on the Elimination of Discrimination against Women.</p></td></tr></tbody></table></div>

PERNIKAHAN DINI DAN PROBLEMATIKANYA PADA MASA PANDEMI COVID-19

This research was motivated by the information on the number of people who had early marriages at KUA Sumberasih or marriages under the age of 19. Even though currently Indonesia is experiencing a pandemic of Covid -19. Even up to one day there can be eight weddings at once in the Gili area of Ketapang Village, Sumberasih, Probolinggo. The purpose of this study was to determine the factors that influence the occurrence of early marriage during the Covid-19 pandemic. In this study, the authors used a qualitative descriptive method. Qualitative descriptive method is a method that aims to describe the nature of something that is taking place at the time the research is carried out and examine the causes of a symptom. The data collection technique obtained by the writer through observation and interview techniques to KUA Sumberasih. The results of this study found data that during the pandemic period from March to December 2020 as many as 15 people had do early marriages, it can be seen through the data of KUA Sumberasih through the determination of the dispensation of marriage submitted to the religious court. From the basic data, it is found that there are two things behind the occurrence of early marriage during the pandemic, it is outside pregnancy of legal marriage and also to avoid both of relationship. The problems found by early marriage couples after early marriage include three things, it is  problems for the early marriage couple itself, the problems for the child of the early marriage partner, and the problems for both parents of early spouses.Keywords : Early Marriage, Problematic, Pandemic

PERTIMBANGAN HAKIM PENGADILAN AGAMA DALAM PERKARA PUTUSAN DISPENSASI KAWIN PERSPEKTIF PERUNDANG-UNDANGAN DAN FILSAFAT HUKUM ISLAM Kajian Putusan Nomor 0026/Pdt.P/2019/PA.Mt

The study aims to determine the judges basis consideration at the Religious Court of Metro City Lampung in the Case of Marriage Dispensation Decision in the perspective of Indonesian and Islamic Law Philosophy as a relief from obligations and prohibitions for men and women who have not met the age requirements for marriage. Men reach the 19 years and women 16 years which are allowed to marry under Law No.1 of 1974 concerning Marriage. What then happened was a renewal in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974. Marriage is only permitted if the man and woman have reached the age of 19 years. While in Islam the purpose of these rules is found in the Maqashid Syari'ah theory that the purpose of the formation of laws is for the benefit of mankind. The panel of judges is guided by Law No.1 of 1974 on Marriage and Compilation of Islamic Law. The Panel of Judges did not pay attention to the values stated in Law No.4 of 1979 concerning Child Welfare, TAP. No. XVII/MPR/1998. on Human Rights, Law no. 39 of 1999 concerning Human Rights, Law No.23 of 2002 concerning Child Protection.

Getting Married is a Simple Matter: Early Marriage among Indonesian Muslim Girls in Rural Areas of Java

The high rate of child marriage has become a global community concern, including in Indonesia as the world's biggest Muslim country. This study explores the views and experiences of Muslim girls and local actors about early marriage in rural areas of Java, Indonesia. The case study was performed in a hamlet on Mount Sumbing, approximately 10 km from Temanggung District, Central Java, Indonesia. Eighteen female informants were interviewed, consisting of girls married before 18 years old during the 1990-2020 periods. The data were also collected from several vital informants: community figures, parents, and married couples. This study concluded that women who married at a young age still consider early marriage normal and acceptable from a socio-cultural perspective. For the local community, marrying their child at a very young age will guarantee labor availability, psychological security in old age and strengthen family bonds. On the other hand, the seriousness of life's challenges towards adulthood leads marriage at a young age to become a choice of socio-psychological coping mechanisms idealized by some young women. This phenomenon is also influenced by the existing local socio-cultural values that place marriage as a solution to socio-economic, socio-cultural problems and guarantee future generations' continuity. The seriousness of life's challenges towards maturity lead youth marriage as a socio-psychological coping mechanism was idealized by some young women due to gaps in knowledge about the impact of young married labor. This perspective is also influenced by the existing local socio-cultural values that place marriage as a solution to socio-economic problems and a simple procedure for marrying young through marriage dispensation.

Pandangan Tokoh Agama Tamanan Terhadap Fenomena Pernikahan Usia Dini

Tamanan sub district is a developed sub district, always keeping up with the times. Especially with today's socialization, parents must also participate in monitoring the socialization of their children, because one of the factors causing underage marriage is uncontrolled socialization so they are afraid of causing accidents. The above fact is an interesting phenomenon to study. Therefore, it provides an opportunity for writing to analyze the factors that cause early marriage in Tamanan District. In addition, the opinions and solutions of religious leaders regarding early marriage.In this study, the research used by the compiler is a type of field research (field research), to the Tamanan KUA and several Tamanan religious leaders regarding their views on early marriage. The nature of the research used is descriptive, analytical, primary data, namely the original source without previous intermediaries, which is the source of data on the words or actions of a person who is observed or interviewed. In this study, the authors used Law No. 16 of 2019 concerning marriage, especially articles related to the discussion in this thesis. Based on the methods used above, it was revealed that the factors causing early marriage in the District itself, namely: environmental factors, economic factors and also factors regarding understanding of religion. these factors are what cause many early marriages in Tamanan District. Then the opinion of the figures is that there are some who agree with the existence of early marriage or in the legal language of marriage dispensation. Because there are dasrnya that allow marriage dispensation. Some religious leaders disagree with early marriage. Because a marriage needs readiness from various aspects. One of the figures agreed with early marriage, as long as the marriage was carried out in accordance with the terms and conditions.

Perlindungan Hak Asasi Manusia Dalam Konsep Pembatasan Usia Pernikahan Pada Uu No 16 Tahun 2019

The protection of human rights has a guarantee from the legal system in Indonesia. The Marriage Age Restriction regulated in Law No. 16 of 2019 is a new rule as a form of revision to natural rules. The latest regulation states that the age of marriage is nineteen years for both the prospective husband and the prospective wife. The results of the analysis show that the state has protected the rights of every citizen who wants to get married. Although the regulation has been promulgated through a new regulation, the state is still present in order to fulfill aspects of human rights, one of which is by enforcing marriage dispensation rules, for anyone who wants to marry under the age of marriage.

CHILD MARRIAGE CONDITIONALITY AND ITS DISPENSATION IN MAHKAMAH SYAR’IYAH ACEH, INDONESIA

This research aims to explain the policy regarding the conditionality and its dispensation of child marriage and to find out the effectiveness of the Law Number 16 Year 2019 Concerning the Amendment of Law Number 1 Year 1974 Concerning Marriage Law as well as the implementation of child marriage conditionality in Aceh by analysing Mahkamah Syar’iyah decisions. This research uses normative empirical legal research which mostly discusses on the Marriage Law and focuses on the norms regarding the conditionality and its dispensation of child marriage that is regulated under the Marriage Law and the implementation in Aceh. Keywords : Child Marriage, Children Rights, Legal problems, Mahkamah Syar’iyah.

Questioning about Law Number 16 of 2019 concerning Marriage Dispensation in PA Kotamobagu

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.

Implikasi Pembatasan Usia Perkawinan terhadap Dispensasi Kawin

Marriage is a very sacred bond in human life, so this is what distinguishes humans as the most perfect creatures from reptiles, furthermore that marriage in Islam is not merely a relationship or civil contract, but marriage is the sunnah of the Prophet Shallalhi'laihiwasalam, as well as means of getting closer to Allah because marriage will create a sense of calm in navigating life, however, in order to carry out a marriage, legally it must meet the formal requirements that have been stipulated by law. men and women are equal, namely 19 (nineteen years) on the other hand there is a legal loophole in the law, so that those under 19 years of age can get married by submitting a marriage dispensation to the Religious Court, what are the considerations and legal implications of being rejected at the Religious Courts. spensation of marriage by the judge.

Pertimbangan Hakim dalam Penetapan Dispensasi Nikah di Pengadilan Agama Kraksaan

Marriage dispensation is legal assistance from the Religious Courts to prospective brides and grooms, one or both of whom have not reached the age requirement in the state regulations as stipulated in the Law. In the latest Marriage Law on Marriage, No. 16 of 2019 reads, "Marriage is only permitted if the man and woman have reached the age of 19" and the dispensation of marriage is discussed in paragraph (2) which reads, "In the event of deviation from the age requirement as referred to in paragraph (1), the parents men and women can ask for dispensation to the Court on the grounds that it is very urgent accompanied by sufficient supporting evidence ". The existence of the latest Law which is an amendment of the 1974 Marriage Law, the application for marriage dispensation is a problem, both for the applicant (prospective husband and wife) as well as for the Religious Courts or judges. From this, it is interesting to conduct research on how judges consider the decision of dispensation of marriage and the factors behind the application for marriage dispensation at the Kraksaan Religious Court in 2019. With this research, it is hoped that it can increase knowledge about judges' considerations in granting or rejecting dispensation requests and increase knowledge about the factors behind the submission of a marriage dispensation application so that it can be used as a basis for the next trial.

PERNIKAHAN DINI DAN PENGARUHNYA TERHADAP KETAHANAN KELUARGA DI KECAMATAN AIR HANGAT TIMUR KABUPATEN KERINCI

Marriage creates a balance of one's life biologically, psychologically and socially. Biologically, sexual needs are met. Psychologically, mental maturity and emotional stability, determine the diversity of married life. Marriages that are too young will result in a rise in divorce cases due to a lack of awareness to be responsible in married life. Sociologically, marriage makes a man and a woman legally considered legal. A lasting marriage is characterized by the husband and wife's readiness to assume responsibilities. According to the Marriage Law No. 16 of 2019 paragraph (7) states that marriage is performed if the male party has reached the age of 19 years and the woman is 19 years old provided that there must be permission from the parents. However, if there is something that deviates from the Law for example because of the free association of a pregnant woman outside of marriage and the woman has not reached the age of 19 years and the man has not reached the age of 19 years then Law No. 16 of 2019 can still provide the possibility of the age limit that has been set by the dispensation of marriage to the Court or other officials appointed by both parents of the women and the male side , this is based on article 7 paragraph 1 of the Marriage Law No. 16 of 2019.

Analisis Dispensasi Perkawinan terhadap Anak di Bawah Umur: Studi Kasus Penetapan Pengadilan Agama Serang Nomor : 1968/Pdt.P/2020/PA.Srg

In general, every human being has a desire to get married. It is known that within the scope of marriage, there is a marriage dispensation. Marriage dispensation is the granting of permission to enter into marriage for a prospective groom and/or bride who is not yet 19 years old. During the Covid-19 pandemic in 2020, the fact is that the number of applications for marriage dispensation at the Serang Religious Court has increased from the previous year. One of his petitions is in the case which has now been determined by the Serang Religious Court Judge, namely the Serang Religious Court Determination Number : 1968/Pdt.P/2020/PA.Srg. Departing from the court ruling above, the authors conducted an essay research by taking two problem identifications. First, is the Judge’s consideration in the Serang Religious Court Determination Number : 1968/Pdt.P/2020/PA.Srg regarding marriage dispensation in accordance with the Marriage Law in conjunction with the Marriage Age Change Law and the Child Protection Law? Second, what is the impact of giving dispensation to marriage in the Serang Religious Court Determination Number : 1968/Pdt.P/2020/PA.Srg? The research method used by the author is juridical normative, with research specifications in the form of a statutory approach and a case approach, data sources in the form of primary data and secondary data, data collection techniques in the form of library research and interviews, data analysis in the form of qualitative analysis, and research locations in the Serang Religious Court. As for the essay research conducted by the author, the result show that the Judge’s consideration in the Serang Religious Court Determination Number : 1968/Pdt.P/2020/PA.Srg regarding marriage dispensation is in accordance with the Marriage Law in conjunction with the Marriage Age Change Law and the Child Protection Law. The impact of giving marriage dispensation in the Serang Religious Court Determination Number : 1968/Pdt.P/2020/PA.Srg also varies, there are positive impacts, including being able to carry out marriages legally according to religious and state law and avoid adultery and unregistered marriage, and negative impacts, including the possibility of maternal death at a young age due to premature pregnancy, loss of adolescence, and lack of mental maturity to care for a family.

PERTIMBANGAN HAKIM DALAM MEMUTUSKAN PERKARA DISPENSASI NIKAH BERDASARKAN ANALISIS MASLAHAH (Studi Penetapan Hakim No. 266/Pdt.P/2020/PA.Pwr di Pengadilan Agama Purworejo)

In the event that the prospective bride and groom will hold a marriage registered at the local Office of Religious Affairs If the age is less than 19 years, it will be rejected because the marriage conditions are not fulfilled. Because the marriage is considered urgent to be carried out, then parents or guardians can apply for a marriage dispensation at the Religious Court. Marriage dispensation is an application for ratification of a marriage that will take place by the prospective bride and groom or one of the prospective brides who are not old enough to marry. This research is the result of research on the consideration of judges in deciding the case of marital dispensation with the analysis of maslahah with the main problem of consideration of judges in deciding the case and the analysis of maslahah. This research is analitive descriptive qualitative research with normative approach, data source used by primary data source in the form of interviews, observations, and secondary data in the form of court determination. The technical analysis of data used is qualitative approach to primary data and secondary data. The purpose of this research is what the judge considered in the Purworejo Religious Court in granting the application for marital dispensation on the determination No. 266/Pdt.P/2020/PA/Pwr, and to find out the determination of judges in the Purworejo Religious Court regarding marital dispensation which is analyzed through maslahah. Based on the results of the research conducted, it can be concluded that the consideration of the judge in granting the request for marital dispensation is on the grounds that the marriage is urgent to be done, between the husband and wife there is no obstacle to marriage and the two families have approved each other. In the analysis maslahah consideration of judges included in the maslahah doruriyah because to maintain religion and descendants.

Jurisdictional Implications Vagueness of Marriage Dispensation Norms in Law Number 16 Year 2019

Regulations for the minimum age for marriage and dispensation in the national marriage law have changes because they are not in accordance with the development of society. This study proposes to analyze and find criteria for limiting dispensation to marriage that contains vagueness that can lead to legal uncertainty and juridical implications of norm blur related to marriage dispensation regulation. The research method used in this study is normative juridical legal research, the approach method used is prescription legislation and conceptual and case approaches. From the results of the research and discussion it can be concluded first: Criteria for limiting dispensation to marriage with very urgent reasons accompanied by supporting evidence according to Article 7 paragraph (2) of the Marriage Law is a vague legal norm, even though the intention of the legislators is reflected in the Academic Paper, the very urgent reason is a condition that the prospective bride is pregnant and has been proven by a certificate from a health worker. Meanwhile, the formulation of the norm of Article 7 paragraph (2) does not mention pregnancy as a requirement. Second: The juridical implication of the vagueness of norms regarding dispensation of marriages results in the dispensation of court rulings.

PROBLEMATIKA PERKAWINAN WANITA HAMIL DAN IMPLEMENTASI KHI PASAL 53 TENTANG PERKAWINAN WANITA HAMIL DI PENGADILAN AGAMA.

The marriage of a pregnant is a marriage that occurs before do marriage aqad. There have been differences of opinion among scholars regarding this marriage model. Even so, the State of Indonesia as a state based on law also regulates this marriage model which is contained in KHI article 53.The link between the marriage of a pregnant in a religious court is an application for marriage dispensation, because it is found that the requirements for submitting a marriage dispensation are for those who are constrained by the minimum age of marriage (19 years) with various reasons for filing including because of pregnancy. Various factors cause marriage of pregnant women, namely: age factors, lack of education, not understanding religious values and morality, as well as economic factors.

An Analysis of Judges' Considerations in Making Decision About the Case of Application for Marriage Dispensation After the Enactment of Law Number 16 of 2019 Concerning Marriage

After the enactment of Law no. 16 of 2019 concerning marriage which substantially regulates the age of marriage. The increase in the age of marriage regulated in the law has become a polemic in the community, so to obtain their rights, a marriage dispensation is proposed. The application for Marriage Dispensation has become a polemic, because the community has not been able to adapt, so with many reasons the judge can grant the request.Therefore, it is urgent to reveal the judge's considerations as a result of the judge's decision on marriage dispensation. This research is a qualitative field research in the field of law. The research location focuses on the study of judges' considerations in applying for a marriage dispensation at Watampone Religious Court.The approach used in this research is a normative juridical approach, an empirical juridical approach and a sociological juridical approach. The analysis used is descriptive qualitative, with the aim of collecting data, described or described in the form of sentence exposure in accordance with the formulation of the problem. The research findings show that judges in examining and adjudicating marriage dispensation cases are carried out based on the Republic of Indonesia Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation.The judge's consideration in making decisionof application for a marriage dispensation emphasizes a persuasive approach and considers the benefit. The implication of this finding is that in the case of dispensation, it should be considered carefully, for the sake of the continuity of the marriage relationship.

AKIBAT HUKUM DISPENSASI PERKAWINAN ANAK DI BAWAH UMUR

Abstract: This study uses a normative juridical legal research method, which is a problem approach by examining and reviewing a valid and competent statutory regulation to be used as a basis for problem solving. The steps in this research use juridical logic. Primary legal materials consist of statutory regulations, official records or minutes in making laws. Secondary legal materials are the work of legal experts, internet sites and other reading books related to the research title. The analysis of the legal materials mentioned above uses a normative analysis method, starting with grouping the same legal materials and information according to sub-aspects and then analyzing and interpreting all aspects to understand and provide a complete picture of the results. This study discusses the consequences of dispensation for underage marriage. The legal consequences that arise if the application for dispensation is accepted by the Religious Court or District Court, namely obtaining the right to be able to carry out marriages and the marriage is legally and stately legal. If rejected, they may re-apply and the last resort is to file an appeal to the Supreme Court. In addition, judges of the Religious Courts and District Courts must be more selective in determining the application for dispensation for the age of marriage, so as to reduce the level of underage marriage that occurs in society. Keywords : Marriage Dispensation, Underage Marriage, Due to Child Marriage

Pro and Cons Contestation on The Increase of Marriage Age in Indonesia

The age of marriage enhancement as mandated by Law no. 16 of 2019 is increasing the minimum age for marriage from 16 years for women and 19 years for men to 19 years for both women and men. However, this rule has not been accepted wholeheartedly by the community, so there are pros and cons. This study focuses on answering three questions: 1) Why are there pros and cons in the provisions of Law no. 16 in 2019 within a society? 2) What steps are taken by the community in violating the provisions of Law no. 16 of 2019? 3) What steps have been taken by the KUA and the Religious Courts in implementing the provisions of Law Number 16 of 2019? This research uses qualitative research with discourse analysis method. The researcher uses Pierre Bourdieu's theory to see the dynamics of the pros and cons contestation in increasing the age of marriage. With the genetic structuralism approach, to unite the origins of the individual mental structure, which is the product of the unification of the social structure that surrounds it. There are groups of people who agree to increase the age of marriage, and there are groups against it. The importance of mature marriage is to reduce divorce rates, poverty rates, children dropping out of school, maternal and child mortality rates. On the other hand, some people still prioritize the legal requirements of marriage by fulfilling the provisions of Islamic law (alternative options) not cumulative as required in the conditions for a valid marriage in the UUP. The arguments of people against the increase of marriageable age are based on the background of community culture, economic conditions, and free lifestyle of teenager. Unregistered marriage (nikah siri), legalization of marriage procedure and marriage dispensation are alternative steps taken by people who are against the increase of marriage age. KUA (religious affairs office) and the Religious Courts as the frontline in maintaining the mandate of Law no. 16 of 2019 using legal norms, still tightening the provisions on the age limit for marriage, marriage dispensation and legalization of marriage.

The Application of Article 53 of KHI (Islamic Law Compilation) Regarding Pregnant Marriage in Lottery Marriage

Pregnant marriagebecomes a phenomenon that is still happening in Indonesia and is even one of the most significant contributors to the reason for the dispensation of marriage. In Parangdistrict, Magetan Regency, pregnant marriage is also one of the solutionsfor a case in which many women get pregnant without a legal marriage. Pregnancies were not initiated from sexual intercourse between a man and a woman but were carried out by many men, so the model of determination was by lottery. Furthermore, this article will analyze the pregnant woman who is married to a man who does not impregnate her and the child's status according to article 53 of KHI. In article 53 KHI, no line explicitly explains the permissibility or prohibition of a pregnant woman to marry a man who does not impregnate her. Still, many interpret that this is not allowed.Meanwhile, a legitimate child in KHI is a child born during a legal bond. So, when DNA testing proof or the like is not done to see the legality of the child, then this child is still considered a legitimate child by both of them because they were born in a marriage bond. In sum, a pregnant marriage in a lottery marriage with a man who does not impregnate the woman has many sides of ambiguity. So, there must be a revision of article 53 and article 99 of KHI.

The Legal Annalysis of Married Dispensation in The Perspective of Law Number 35 of 2014 Concerning Childhood Protection

The research method used in this research is Normative Empirical research, Empirical Normative research type. The purpose of this research is to know the determination of the marriage dispensation seen from the child protection law and to know the judges' considerations in determining the marriage dispensation what is seen from the child protection law The results of this study indicate that the determination of the dispensation of marriage, seen from the Child Protection Law, can be seen from two things, namely, first, the application for dispensation is in accordance with recommendations and benefits for children in applying for dispensation so that judges in deciding applications always pay attention to benefits. Second is the Factor Causing Marriage Dispensation Which, when viewed from the Child Protection Law, is the factor of children who really want to get married due to sexual misconduct and pregnancy outside of marriage and the factor of concern about religious law where religion is a reference for enjoying even underage children.