Philosophical Review of Materialism and Idealism Limits of Wedding Age in Indonesia; Study of Article 7 Paragraph (1) of Law 16 of 2019 jo. Law 1 of 1974 concerning Marriage (original) (raw)
Related papers
Islamic triangle concept of marital age: Indonesian experience
2021
Marriage is a sacred act that no one will doubt. The sacredness of marriage does not mean that every person could be married. There are legal competencies in Islam that every person should be aware of before doing any legal acts. Islamic law sets two indicators of legal age; both are bālig and rusydan. Indonesia has determined the age of 19 to be a formal legal age of Indonesian people for their marriage. Finding the connection between the two indicators and concluded age is worth studying. The article aims to correlate Islamic legal competence with the marriage readiness and triangle analysis of legal age marriage based on Indonesia's factual issues. The article was described and analyzed qualitatively and based on the normative legal review. The review found out that ahliyyatul adā` al-kāmilah is the appropriate phase-in doing all legal activities, including marriage. The concluded age of 19 by the Indonesian government is well-measured when it was analyzed through the three p...
RECONSIDERING THE MARRIAGE AGES IN INDONESIA
Al-'Adalah: Jurnal Hukum Islam, 2014
Abstrak: Meninjau Ulang Batas Usia Perkawinan di Indonesia. Dalam UU Perkawinan No 1/1974 pemerintah telah menetapkan batasan umur bagi calon suami sekurang-kurangnya 19 tahun dan calon isteri sekurang-kurangnya 16 tahun. Namun pernikahan dini atau pernikahan di bawah umur masih kerap terjadi di Indonesia dengan Sunnah fi'liyyah Rasulullah yang menikahi 'Âisyah sebagai dalih yang digunakan para pelakunya. Diperlukan semangat dan keberanian dari para pembuat kebijakan untuk merevisi aturan tentang batas minimal usia perkawinan serta peninjauan kembali tentang aturan umur pengantin tersebut, termasuk melakukan kajian ulang terhadap Sunah di atas. Hal tersebut menjadi penting karena hak anak adalah bagian dari hak asasi manusia yang wajib dijamin, dilindungi, dan dipenuhi oleh orang tua, keluarga, masyarakat dan pemerintah. Abstract: Reconsidering the Age of Marriage in Indonesia. The Government has made the rule about age of marriage, namely the male must be at least 19 years old and the female must be at least 16 years old. Nevertheless, early marriages or under-age mariages are still common in Indonesia since people reffer to the prophet's Sunnah fi'liyyah who was married to 'Âisyah. Passion and courage from policy makers to revise the rule of minimum marriage age are required to revise that rule and reviewing the Sunnah is also imperative. It is important because the right of children is a part of human rights that must be guaranteed, protected, and filled by parents, family, society and government.
Hanifiya: Jurnal Studi Agama-Agama, 2021
The rules regarding the age limit for marriage as contained in Article 7 of Law no. 1 of 1974, which states that the minimum age of marriage for men is 19 years and for women is 16 years. These rules were amended through law no. 16 of 2019, which stipulates that the age limit for marriage, both for men and women, are in the same age, 19 years old. This change is intended to bring benefits of marriage minimizes the conflict in the household. But in fact, the changing age limit for marriage still creates some problems; for example, not a few Muslims view that in Islam, there are no provisions regarding age limits and there are dispensations for those forced to marry under a predetermined age. This research aims to find out the problematics of the law on changing the age limit for marriage. The research approach used qualitative with descriptive analysis methods and literature review. The results of the study indicate that there are several problems regarding the age limit between Firs...
The Ideal Age of Marriage as an Effort to Establish an Ideal Family
UNIFIKASI : Jurnal Ilmu Hukum
Marriage is intended to meet the needs of instincts and the instruction of religion. Hence, in order to carry out this worship, mental readiness is required. Yet, in Islam, there are no provisions on the ideal age of marriage. This study aims to analyse the ideal age of marriage in Indonesia based on the provisions of the Law and to identify the deviation of the provisions of marriage age. As results, it was revealed that the law sets the legal age of marriage at 19 years old as regulated in Article 7 paragraph (1) of Law No. 1 of 1974 in conjunction with Law No. 16 of 2019 concerning Marriage. Meanwhile, if there is a violation that deviates from the provisions stated in this Law, the guardian�s parents can submit an application on marriage dispensation (diskah) to the local court in order to be able to hold a marriage. This new provision has an implication for the effort to build a harmonious and ideal family as there is no discrimination on age limit between women and men which i...
The Importance of Increasing Minimum Age For Marriage In Indonesian Marriage Law
2019
This article discusses the changes in the minimum age for marriage as regulated in Law Number 1 of 1974 concerning marriage, which was later amended by Law No. 16 of 2019 on the same topic. In Law no. 1/1974, the minimum age for marriage for the prospective groom and bride is differentiated in which for the prospective groom the minimum age for marriage is 19 years while for the bride is 16 years. This kind of distinction was later removed by Law No. 16 of 2019 which stipulates the minimum age for marriage for the prospective groom and bride to be the same, namely 19 years. This change in minimum limits is really important as it can have positive effects, especially for women, as they can be physically and psychologically ready to become a wife as well as a mother for their children. Indeed, physical and mental maturity for someone intending to get married is important. This is also following the principles of Islamic Law which view that marriage requires physical and spiritual read...
Understanding of Marriage Law Attitude For Delivery of Early Age Marriage in Indonesian Adolescence
Proceedings of the Proceedings of First International Conference on Culture, Education, Linguistics and Literature, CELL 2019, 5-6 August, Purwokerto, Central Java, Indonesia, 2019
This research is a quantitative empirical study that examines the understanding of marital law (Law No. 1 of 1974) which forms emotional maturity, so that someone makes a decision to delay early marriage. Data collection using questionnaires is an understanding of marital law, emotional maturity and delaying early marriage. The number of subjects involved in this study were 62 people, 18-22 years old adolescents. Analysis techniques using a correlation test and it was found that there was a significant relationship between the understanding of marital law and the delay of early marriage (r = .310, p = .001, p <.01), there was a significant relationship between understanding legal marriage with emotional maturity (r = .224, p = .031, p <.05), and there was a significant relationship between emotional maturity and delay in early marriage (r =.280, p = .002, p <.01). Next, it will be explained in detail in this article.
Study of Marriage Age Limit According to Indonesian Marriage Law
Alauddin Law Development Journal, 2024
Indonesia is a country that is blessed with being a pluralistic nation, consisting of several tribes, religions, and cultures. For this reason, the recognition of customary law is also recognized as long as it still exists, and the implementation of marriages is also according to customary law, which is in accordance with the customary law of each region. The research method uses normative research. The findings showed that the age of the prospective groom was 19 years and that of the prospective bride was 16 years. After the amendment, there are no differences. These age limits for marriage are a measure of the maturity of persons who want to marry, carried out by people who have not reached the age of marriage.
De Jure: Jurnal Hukum dan Syar'iah
Law No. 16 of 2019 has set the legal age allowed for marriage to 19 for both men and women and this change, from previously 19 for men and 16 for women, has sparked a discussion among scholars. This study aims to examine this provision from the aspects of gender and maqāṣid al-sharia. This research uses a normative juridical approach with qualitative data analysis, which concludes that equalizing the age of marriage between men and women at 19 years old has realized gender equality in terms of eliminating discrimination against women in obtaining their rights such as health, education, and economic rights, and can eliminate the dominance of a husband over his wife because marrying at the same age (adulthood) will have a positive effect on the way the couple treats each other. Marriage age equality from the perspective of maqāṣid al-sharia has realized maqāṣid al-tab'iyah (supporting objectives) at the level of al-taḥsīniyah because it makes marriage more prestigious and dignified.
Debating A Minimum Marriageable Age for Girl in Indonesian Marriage: A Semiotic Study
Proceedings of the Fourth Prasasti International Seminar on Linguistics (Prasasti 2018), 2018
Issue of child marriage in Indonesia has always been a debate particularly since the rejection of a recent judicial review of the 1974 Marriage Law to raise a minimum marriageable age for girls by Constitutional Court. The judicial review was instigated by the association of women's and youth organizations, Koalisi 18+. The rejection sparks off a debate, especially since a research conducted by UNICEF (2016) had been published, stating that Indonesia ranked seventh with the highest absolute numbers of child marriage. Issues raised by UNICEF are in line with what Koalisi 18+ has voiced. On one side, in addition to violating the Human Rights, child marriage can also bring a harmful loss such as a low rates of health and life expectancy for women and children. It even creates an intergenerational poverty (in Grijns & Horii, 2018). Yet, on the other side, Constitutional Court rejected it with considerations such as religious norms, social norms, as well as customs and traditions. Those debates then are analyzed through a semiotic analysis, a semiosis process by Danesi & Perron (1999). From the analysis, it can be seen that the debates basically originate from the difference between Koalisi 18+ and Constitutional Court in interpreting marriage and its minimum marriageable age. It concludes that marriage in Indonesia is complex and its complexity involve many aspects under a culture sphere such as legal aspect, religiosity, and social norms.
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum, 2022
This article analyzes the renewal of Indonesia's minimum age of marriage law. Previously, the legal age for men was 19 years, and for women was 16 years. However, Law No. 16 of 2019 amended the law, setting the minimum age of marriage at 19 years for both genders. Notably, this increase for women contradicts certain fiqh texts and is the highest age limit among several Muslim countries. This study employs Muḥammad 'Ābid al-Jābirī's bayānī (indication/explication) and burhānī (demonstration/proof) epistemology to examine the subject. This article identifies the ideal age range for marriage as 19 to 25 years, when individuals reach balig (maturity) and rusydan (legal capacity), demonstrating readiness and mental maturity for marital life. The renewal of Indonesia's marriage age limit aligns with Muḥammad 'Ābid al-Jābirī's epistemology, which integrates naṣ (Al-Qur'an and hadīth) with rational reasoning and empirical evidence.