Analysis of The Emergency Reasons in The Application of Marriage Dispensation at The Tenggarong Religious Court

Yuni, Lilik Andar

doi:10.22373/sjhk.v5i2.9135

Cited by 9 publications

(9 citation statements)

References 2 publications

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“…The revision of the marriage law regarding the age limit of marriage to 19 years has consequences if you have the will to marry below that age, then you are directed to apply for a marriage dispensation to the Religious Court. Dispensation means the granting of permission for exemption from an obligation or prohibition (Andar Yuni, 2021). So that it gives leeway for someone to do things that were initially not allowed to be allowed (Yulia, 2020).…”

Section: Literature Review Widow's Marriage Dispensationmentioning

confidence: 99%

Underage Widows and Widowers before the Law: Problem, Contestation and Legal Certainty in Marriage Dispensation

Faiz,

Ali,

Taufiq

2023

JURIS

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Increasing the minimum age for marriage has increased the community's efforts to obtain a marriage dispensation permit in court. Generally, this application is made by children who are not old enough and not yet married, but the facts on the ground state that there are widows and widowers under age who also apply for a marriage dispensation for the second time, this raises a new problem, namely legal uncertainty for the applicant. This study will explore the problems of an underage widow and widower in registering his second marriage and the contestation of authority in the marriage of underage widows and widowers. The study was conducted by looking at and analyzing several cases of application for dispensation for the marriage of underage widows and widowers in several Religious Courts (juridical normative) and mapping related documents (library research). Three important points are noted. First, when a widow and widower under the age of 19 applies for marriage registration at the Office of Religious Affairs but is refused and directed to apply for a dispensation to marry, while in the Religious Court, there are differences of opinion among judges in the application for dispensation to marry a second time, some reject, and some accept. Second, there is contestation between the Office of Religious Affairs and the Religious Courts in viewing dispensation for widow and widower marriage because of the different legal basis used. Third, despite the contestation between the two institutions, the Religious Courts, as justice-seeking agencies, must accept the application submitted to ensure legal certainty for its citizens, namely widows and widowers under age. Thus, this article recommends two actions: namely, the need for communication between the two executive and judicial institutions to discuss the issue of marriage dispensation for underage widows and widowers so as not to contradict each other and legal certainty for underage widows and widowers who want to marry is essential.

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Section: Literature Review Widow's Marriage Dispensationmentioning

confidence: 99%

Underage Widows and Widowers before the Law: Problem, Contestation and Legal Certainty in Marriage Dispensation

Faiz,

Ali,

Taufiq

2023

JURIS

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“…Beberapa yang paling umum ditemui adalah alasan-alasan seperti menghindari fitnah, kehamilan di luar nikah, serta pertimbangan-pertimbangan ekonomi, sosial, maupun moral (Marzuki, Murniati, Yasin, Suhri, & Taufan, 2021;Fatmawati, Yunanto, & Marjo, 2016;Hamzah, Mangarengi, & Buana, 2020). Di satu sisi, dispensasi perkawinan yang difasilitasi negara memang menjadi satu solusi dalam menangani situasi darurat perkawinan, namun di sisi lain keberadaannya membuka peluang atas legalisasi perkawinan di bawah umur (Yuni, 2021). Relevansi antara dispensasi perkawinan dengan peningkatan angka perkawinan anak terlihat dalam data yang dihimpun Mahkamah Agung dan Badan Kehakiman Agama, di mana telah terjadi peningkatan signifikan atas kasus permohonan Sulastri, Dwi Aryanti Ramadhani, Muthia Sakti / Perlindungan Hukum Terhadap Hak Pengembangan Diri Anak Akibat Dispensasi Perkawinan 1289 dispensasi nikah pada tahun 2018 sebanyak 13.880 kasus menjadi 24.864 kasus di tahun 2019 (Subchi, Arsadani, Helmi, & Faridho, 2021).…”

Section: Dispensasi Perkawinanunclassified

“…Dampak negatif dari perkawinan anak di antaranya perceraian dini (perceraian yang terjadi pada perkawinan yang belum berlangsung lama), persoalan ekonomi, sosial, pendidikan hingga kesehatan (Yuni, 2021;Abdullah, Qureshi, & Quayes, 2015;Mim, 2017;Sekine & Carter, 2019;Sekine & Hodgkin, 2017). Permasalahan-permasalahan tersebut tidak seharusnya ditanggung oleh anak yang notabene merupakan kelompok usia yang dilindungi secara hukum.…”

Section: Dispensasi Perkawinanunclassified

Perlindungan Hukum Terhadap Hak Pengembangan Diri Anak Akibat Dispensasi Perkawinan

Sulastri,

Ramadhani,

Sakti

2023

almanhaj

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Researchers will examine the legal protection of the rights of children who enter into underage marriages. The purpose of this study is to show the impact of the ease of granting marital dispensation on children's development rights, namely how the legal protection of children's self-development rights is due to marital dispensation. The type of research used is normative legal research. The research approach used is the statutory approach and the comparative approach. The type of data in normative research is secondary data obtained through library research or documentation studies. Based on the results of the research, it turns out that there are still many parents who apply for marriage dispensation for children who are underage so they can get married. Therefore it is necessary to take action as an effort to provide legal protection to children. First, the government needs to review the Marriage Law, namely the need to add an article that regulates in detail the reasons for applying for a marriage dispensation. Second, it is necessary for the community to gain an understanding of the bad consequences that arise from underage marriages based on marriage dispensation.

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“…However, Article 7, paragraph (2) of the revised Marriage Law states that marriage dispensation can be requested due to emergencies if deviations occur. As a result, marriage dispensations in various regions increased dramatically after the revision (Yuni, 2021). Juridically, every state is responsible for providing a good livelihood for children, providing physical and mental welfare, and keeping them away from all kinds of dangers that threaten a child (Erdianti, 2020).…”

Section: Introductionmentioning

confidence: 99%

Child Participation in Marriage Dispensation in Southeast Asian Muslim Countries from The Perspective of the Convention on the Rights of the Child

Ernawati,

Abdullah,

Subhan

2023

JWS

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The purpose of this research is to understand and analyze child marriages in Muslim-majority countries in Southeast Asia from the perspective of the Convention on the Rights of the Child. The research design used in this study is qualitative. The research nature is juridical-normative, referring to legal norms present in the legislations of Indonesia, Malaysia, and Brunei Darussalam. The research results indicate that using the CRC's concept of Child Participation in dispensations for underage marriage, it was previously shown that the concept of child protection encompasses a broad scope (O'Donnell), and the Convention on the Rights of the Child emphasizes that all actions taken concerning the child must be contextually appropriate, for the best interests of the child (Eekelaar). Therefore, this study shows to what extent the protection of children's rights regarding their participation in dispensations for underage marriage in Southeast Asian Muslim countries, is allegedly contradictory to the CRC's definitive provision on the age of the child. This research implies that it can help analyze the extent to which child marriages violate the rights of the child as guaranteed by the Convention on the Rights of the Child. It aids in understanding how cultural and religious factors influence the practice of child marriages in Muslim-majority countries in Southeast Asia. Additionally, the results of this research could stimulate further studies in the same or related domains.

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Analysis of The Emergency Reasons in The Application of Marriage Dispensation at The Tenggarong Religious Court

Cited by 9 publications

References 2 publications

Underage Widows and Widowers before the Law: Problem, Contestation and Legal Certainty in Marriage Dispensation

Underage Widows and Widowers before the Law: Problem, Contestation and Legal Certainty in Marriage Dispensation

Perlindungan Hukum Terhadap Hak Pengembangan Diri Anak Akibat Dispensasi Perkawinan

Child Participation in Marriage Dispensation in Southeast Asian Muslim Countries from The Perspective of the Convention on the Rights of the Child

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