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Sela Rahmadana Sari; Nuri Hidayati

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage at an early age is a phenomenon that still occurs in various parts of the world, including Indonesia. This research aims to analyze the factors that cause marriage at an early age and its juridical implications based on applicable laws and regulations. The research method used is a qualitative approach with normative juridical analysis, which involves literature study and interviews with various parties, including community leaders, parents and teenagers. The research results show that the factors causing marriage at an early age include social pressure, cultural norms, poverty and lack of education. In addition, although Law no. 16 of 2019 has set a minimum age limit for marriage, implementation of the law still faces various challenges, such as community non-compliance and lack of socialization regarding these regulations. This research recommends the need to increase public education and awareness about the negative impacts of marriage at an early age as well as strengthening the role of child protection institutions in preventing this practice. In this way, it is hoped that a safer and more supportive environment for children's development can be created.

Gheviera Najla; Djanuardi Djanuardi; Hazar Kusmayanti

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

The Marriage Law regulates the minimum age limit for marriage is 19 (nineteen) years, but in practice underage marriages still often occur so that these marriages cannot be registered. Marriage dispensation becomes the legal legitimacy so that underage marriages can be registered in accordance with the provisions of Article 2 paragraph (2) of the Marriage Law. Marriage dispensation is obtained through the courts by involving the application of civil procedural law principles, including the principle of passive judges. This study aims to obtain an overview of the application of the passive judge principle and the limitations of active judges to the application for marriage dispensation at the Soreang Religious Court in relation to civil procedural law in the case of the application for underage marriage dispensation in Decision Number 421/Pdt.P/2023/PA.Sor. The research method and legal writing are carried out using a normative legal approach sourced from primary data and secondary data. Primary data is taken through interviews, then the secondary data used comes from literature studies. Based on the research results, it can be concluded that the application of the passive judge principle in marriage dispensation cases is dynamic and adjusted to the best interests of the child. The active role of the judge in providing advice and conducting in-depth examinations does not conflict with the passive judge principle, but is an effort to ensure a fair decision and protect the rights of the child.

Kuswan Hadji; Muhammad Arvin Zakiy Fuadi; Ryan Aji Kusuma; Sheva Andika Ramajagandhi; Deriel Pratama Putra +2 more

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

The Constitutional Court is a judicial institution in Indonesia which was established on August 13, 2003. The Constitutional Court has the authority regulated in article 24C of the 1945 Constitution and Law Number 24 of 2003 concerning the Constitutional Court which was later updated to Law Number 8 of 2011. The Constitutional Court has a principle in making a decision on the material test of the law against the Constitution, which applies to everyone, final, independent and impartial. The Constitutional Court's (MK) decision regarding the age limit for presidential and vice presidential candidates (presidential and vice presidential candidates) in Case Number 90/PUU-XXI/2023 continues to reap pros and cons. In the decision, the Constitutional Court granted part of the application that tested Article 169 letter q of Law Number 7 of 2017 concerning General Elections. This study aims to identify and analyze disputes over the Constitutional Court Decision Number 90/PUU-XXI/2023 concerning the material test of article 169 letter q of Law number 7 of 2017 concerning general elections in terms of juridical aspects. The research method used is a literature study of the Constitutional Court decision Number 90/PUU-XXI/2023 with a focus on normative legal analysis. The results of the study show that the Constitutional Court's decision Number 90/PUU-XXI/2023 is formally inconsistent with Law Number 49 of 2009 concerning Judicial Power and Constitutional Court Regulation No. 2/PMK/2021.

Junaidi Junaidi; Nurul Amelia Hrp; Hany Handayani; Raihan Asri; Zahratul Hayat +2 more

jurnal Riset Rumpun Agama dan Filsafat 2024 Pusat Riset dan Inovasi Nasional

. The preservation of static archives in the Office of Religious Affairs (Kantor Urusan Agama/KUA) plays a crucial role in safeguarding the legal and administrative evidence of marriage for the community. However, many marriage records created between 1978 and 2002 at the Office of Religious Affairs of Medan Labuhan Subdistrict have experienced physical deterioration due to age, storage limitations, and environmental factors. Based on archival observations, out of 51 archival bundles (2,550 records), 76.4% were categorized as damaged, while only 23.5% remained in good condition. This condition highlights the urgency of implementing a systematic digitalization strategy as an effort to preserve static archives and ensure long-term access. This study aims to analyze the implementation of marriage archive digitalization as a preservation strategy and to examine its effectiveness in maintaining the authenticity, integrity, and accessibility of archival records. The research employs a qualitative descriptive approach through observation, documentation analysis, and field-based data interpretation. The findings indicate that digitalization contributes significantly to minimizing physical handling, preventing further deterioration, improving retrieval efficiency, and strengthening archival security. Nevertheless, several challenges were identified, including limited technological infrastructure, lack of standardized procedures, and human resource constraints. The study concludes that digitalization is not merely a technological transition but a strategic preservation effort that requires institutional commitment, proper archival management standards, and sustainable planning. By integrating digital preservation practices into archival governance, the Office of Religious Affairs can enhance the protection of marriage archives as static archives and ensure their continued legal and administrative value for future generations.

Dedy Ananta Ginting; T. Riza Zarzani. N; Rahul Ardian Fikri

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Children are the next generation of the nation who need to receive guidance and protection to ensure their optimal physical, mental and social development. In its development, efforts to guide and protect children are often faced with problems and obstacles that ultimately lead to deviations in children's behavior. These deviations are often violations of legal norms and crimes by children. Children who are in conflict with the law must be held accountable for their actions, either through non-penal or penal processes. Regulations on child criminal acts are regulated in Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. In principle, child protection is carried out based on the best considerations for children. The purpose of this study is to determine and analyze how the policy of formulating criminal responsibility for children in conflict with the law according to Law No. 11 of 2012 concerning the Juvenile Criminal Justice System; and to determine and analyze the policy of formulating criminal responsibility for children in conflict with the law in the future. This study uses a normative legal approach. The specifications of this study are descriptive analytical. The type of data in this study, namely secondary data includes primary legal materials in the form of laws and regulations and secondary legal materials in the form of book references and expert opinions. The data collection method used is the method of collecting data through literature studies. The analysis method used is qualitative analysis. The results of the study indicate that the criminal liability of children in conflict with the law according to Law No. 11 of 2012 is regarding the age limit of children who can be punished is 12 years, in the law there are also diversion efforts carried out before or even during the trial process, this is intended to minimize the punishment imposed on children (ultimum remidium). This process is carried out for the best consideration for children, because the effects of criminal law (stigmatization) are very bad for child development.    

Sopha Hafitriani; Azhar Muhammad Akbar; Yudi Daryadi; Abid Naufal Habibburokhman; Neng Siti Fatimah +2 more

Jurnal Pengabdian Masyarakat 2024 Lembaga Pengembangan Kinerja Dosen

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.

Sopha Hafitriani; Azhar Muhammad Akbar; Yudi Daryadi; Abid Naufal Habibburokhman; Neng Siti Fatimah +2 more

Jurnal Pengabdian Masyarakat 2024 Lembaga Pengembangan Kinerja Dosen

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.

Winda Mustika; Rizqi Arindya Putri; Syahrizal Nur Iqbal

Journal of Civil Criminal Law 2024 International Forum of Researchers and Lecturers

Marriage involves individual rights such as opinion, privacy and non-discrimination. Early marriage is the practice of marriage involving one or both partners who are still young, where both are still under the legal age or generally recognized age of adulthood. Early marriage can be influenced by various factors, namely social, economic, cultural and educational pressures. Family involvement, cultural norms, and gender inequality can also play an important role in the decision to marry early. Early marriage of minors creates a number of legal problems, which involve violations of children's rights and also gender inequality. The age for marriage must be completely mature, which is 19 years for men and 16 years for women. If both of them are still young, or you could say like young onions, their marriage will always be filled with problems. Both of them still have the same high level of ego, are still children and still only think for a few days. In Indonesia, Law no. 1 of 1974 concerning early marriage, namely the minimum age for marriage. Law no. 16 of 2019, regulates the second amendment to Law no. 1 of 1974 confirms that the minimum age limit is 19 years for men, and 16 years for women. A woman is someone who has reproductive organs which are related to the ability to give birth to children. Meanwhile, a man is someone who has reproductive organs that play a role in reproduction itself. In Indonesia, the case of early marriage is still a very serious and vulnerable issue. As reported by the KEMENKO PMK, it was stated that there were around 1.2 million cases of early marriage in Indonesia. Where, the proportion of women aged 20-24 years who were married before the age of 18 was 11.21% of the total number of children. This means that around 1 in 9 women aged 20-24 years were married as children. Meanwhile, around 1 in 100 men aged 20-24 years were married as children. Due to the large number of cases regarding underage marriage, the government's role must be agile and fast in dealing with important cases like this. The government must play a role in preventing how to prevent cases of underage marriage from increasing every year.    

Atri Rudtitasari; Dian Ika Pratiwi; Arum Seftiani Lestari; Ngaisah Tri Rahayu; Hearty Efifania Ose Payon

Jurnal Ilmu Keperawatan dan Kebidanan 2024 Asosiasi Riset Ilmu Kesehatan Indonesia

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.    

Annisa Adilla; Rizky Rahmanda Irawan; Diryo Suparto

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This article examines the constitutional deviation of the age limit for presidential and vice presidential candidates in 2024 in two news media, Kompas.com and CNNIndonesia.com. The research uses Robert Entman's four framing elements and 21 news articles from Kompas.com and CNNIndonesia.com. Results show Kompas.com raises issues supporting Anwar Usman's vice presidential nomination, while CNNIndonesia.com addresses deficiencies in the decision sent by Usman, resulting in eight judges rejecting changes in age limit requirements.

Ni Putu Sintya Lestari; I Nyoman Suandika; Ida Bagus Anggapurana Pidada

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The Constitutional Court's ruling on the age limit of a candidate vice president. With the results of research showing that, the regulation on a presidential candidate's age limit was less than 40 years later, it was only in the Act No. 7 of 2017 that the age limits of a vice president's candidate were 40 years. Since there are frequent changes in the age limit, it is necessary to clearly regulate the age of the candidate Vice President and harmonize the draft made by the House with the 1945 UUD to reduce the application for judicial review to the Constitutional Court.

Shelomita Putri Amelia; Aurelya Putri Alzahrah; Dewi Safira

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Age limit requirements on job vacancies are currently being criticized by the public through social media. Age restrictions are a form of age discrimination. Companies/employers often set an age limit for workers ranging from 18-25 years old. This age requirement is considered to make it difficult for prospective workers to find work, especially for contract workers and women. This study describes the limitation of working age as a form of discrimination and the policies governing age requirements in Indonesia. The research method used in this research is normative legal research using a statute approach, comparative approach, and conceptual approach. The results of this study show that in Indonesia there are no regulations or policies that regulate and provide legal protection regarding age discrimination of workers and it is important for the government and companies to consider more inclusive policies related to age restrictions in recruitment. In addition, there needs to be an effort to provide training and employment opportunities for workers who are above the age limit so that they can still be productive.

Hikam Firmansyah; Rio Akbar Ahmad Pratama; Fadlan Nur Azizil; Zhafif Hylni Yulianto

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The debate on the age limit for presidential and vice-presidential candidates is an important issue in the context of Indonesian democracy. Democracy emphasizes the principles of equality and participation, while meritocracy emphasizes competence and experience. Currently, the minimum age limit for presidential candidates in Indonesia is 35 years old. Debates have arisen over the relevance of this age in the current political context, with arguments in favor of the role of younger generations bringing innovation versus the need for experience and wisdom. This study aims to re-evaluate the age limit for presidential candidates in Indonesia from historical, constitutional and international comparative perspectives, and examine its impact on political dynamics and leadership quality. The research methodology involves literature analysis and recent case studies. The results are expected to contribute significantly to the discussion on the age limit for presidential candidates and its implications for democracy and meritocracy in Indonesia.

Meli Yudestia Pratiwi; Martoyo Martoyo

Jurnal Budi Pekerti Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This research discusses study time (study period) in the book of Ta’lim Muta’allim, it has been stated that there are three recommended times for studying, namely: youth, sahur time, the time between maghrib and isya. Studying is a must or something that must be done for loyal Muslims and there is no age limit in the studying. In the book of Ta’lim Muta’allim by Imam al-Jarnuzi there is a phrase that says ‘demand knowledge from the cradle to the grave”. This sentence commands all of us that we are required to study from childhood until we reach the end of our lives, especially in the field of religious knowledge. Because the Prophet SAW said: “seeking knowledge is obligatory for every Muslim”. Si it is clear that we are obliged to learn as long as we are still alive and can still breathe in this world. This research is a type of library research, namely research that uses dataand information with the help of various materials contained in the library, such as books, journals, document, historical stories and others that can be used as reference sorces in research.

Ania Nasyira; Faiza Nisrina; Roselia Ariyanti

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Early marriage is a practice that still occurs frequently, especially in Indonesia. Even though in Indonesia there has been legal certainty regarding the age limit for couples who will marry in the form of statutory regulations, one of which is the Marriage Law, in reality the practice of early marriage continues due to various factors, including cultural, economic and lack of education. This research aims to analyze the impact of early marriage on the quality of family life based on the perspective of Islamic law, as well as to examine the views of the Imams of the School regarding early marriage and how the views of these Imams influence the practice of early marriage in Islamic society. By using research methods through a juridical approach and supported by primary and secondary data collection techniques, this research is aimed at providing a comprehensive understanding of the influence of early marriage itself. Based on the research that has been carried out, the results obtained are that early marriage causes more negative impacts than the benefits obtained. These negative impacts include aspects of biological, psychological, social and deviant sexual behavior. Apart from that, there are differences of opinion from Imams regarding the age limit for a person's maturity so that society must really consider the readiness of the child they are going to marry, especially in economic, biological and psychological terms.

darma, ista; Kuswan Hadji; Muhammad Fardan Valenko; Nicholas Adi Kusuma; Sheva Andika Ramajagandhi +1 more

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

This research tries to analyze the influence of President Jokowi in the decision of Case number 90/PUU-XXI/2023 regarding the minimum age of presidential candidates and vice presidential candidates. We know that President Jokowi's name has recently become a topic of conversation, with rumors that he wants to nominate his son. became vice president, but in this case President Jokowi experienced a constitutional obstacle, namely that his son, Gibran, was still 36 years old. Who cannot be nominated because the requirement to become vice president in the 2024 presidential election must be 40 years old. This is an obstacle for President Jokowi to nominate his son to be vice president, who according to rumors has emerged as a pair with Prabowo Subianto. This research tries to understand how much influence there is in political intervention on the State Administration system and the influence of the family in the Constitutional Court's decision Number 90/PUU-XXI/2023. The results of the research show that the Constitutional Court's decision regarding the age limit for presidential and vice presidential candidates in October 2023 is a judicial decision that shows the family's interests because first, the discussion of the judicial review of the law is procedurally flawed

Fisterina Wardani; Achmad Denny Maulana; Kinanti Citra Prasasti; Dinar Kristina Kusumawati; Amelia Dwi Callista +1 more

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research is entitled "Effectiveness of the Role of Religious Courts in the Implementation of Marriage Age Limits as an Effort to Reduce the Rate of Early Marriage (Study at the Sukoharjo Religious Court in 2024)" which is based on a phenomenon in society related to the rise of teenagers having relationships like husband and wife. to pregnancy out of wedlock at an age that has not yet reached the minimum age limit for marriage. Islamic law does not provide clear boundaries for marriage, it only determines the measure of a person's maturity when they reach puberty. Islamic jurisprudence scholars agree in determining taklif, namely when semen comes out for men and menstruation for women, which is different from Law Number 1 of the Year. 1974 provides a clear age limit for someone to get married, namely 19 years for men and 16 years for women. Marriage dispensation is a grant of the right to a person to marry even though they have not yet reached the minimum marriageable age. Marriage dispensation is regulated in Article 7 paragraph (2) of Law Number 16 of 2019, an amendment to Law Number 1 of 1974 concerning Marriage. Marriage dispensation is an exception to Article 7 paragraph (1), namely that the age limit for marriage for men and women has reached 19 (nineteen) years. This type of research is field research or field research which can also be called qualitative research. Therefore, the author conducted this research at the Sukoharjo Religious Court, regarding data sources the author chose primary data sources, namely data from the court and secondary data sources, namely from several books as references. The data collection techniques used are observation, documentation and archive methods. The approach method used in this research is normative juridical, namely research that begins deductively with an analysis of the articles in the statutory regulations that regulate the above problems. Juridically, this means research that refers to existing literature studies or secondary data used. Meanwhile, normative means legal research which aims to obtain normative knowledge about the relationship between one regulation and another and its application in practice. The method used is a descriptive method by means of document analysis. In other terms it is also called content analysis or information analysis which focuses its activities on document research, analyzing regulations and legal decisions.