Implementasi Batas Umur Pernikahan (Studi Kasus di Mahkamah Rendah Syari’ah Bukit Mertajam Pulau Pinang)

Yuhermansyah, Edi; Akhir, Mohd Hakim Bin Mohd

doi:10.22373/sjhk.v2i2.4749

Cited by 6 publications

(5 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…And finally, the law is not just a formalistic rule, it requires an attitude that dares to "contra legem" in resolving all illogical rules (Suadi, 2018). Hence, the benefit and a sense of justice deserve to be considered in every decision issued by the judges in every trial, so a legal reform which lead to a better direction is needed in this complicated and vast changing conditions (Yuhermansyah & Mohd Akhir, 2019). After all, the courage of the judge is really needed in deciding solutions for all cases for the sake of benefit and social justice.…”

Section: Discussionmentioning

confidence: 99%

The Legal Reasoning of Judges Behind Determination of Marriage Itsbat Proposal for Siri Marriage Cases (A Study at the Shariyya Court of Banda Aceh)

Fadhlia

2021

JMS

View full text Add to dashboard Cite

This study aims to find out what are the judges of the Shariyya (Religious) Court of Banda Aceh rationale behind determination of the itsbat (confirmation of marriage) applications for siri (undocumented) marriage and its legal consequences from this decision. This juridicalempirical research employs two types of data sources: primary and secondary. The information was gathered through direct interviews with the respondents and informants who were selected from purposive sampling. Using qualitative descriptive analysis, it was concluded that the judge's decisions in determining the result of marriage itsbat applications including granting, rejecting, canceling, revoking, or declared inadmissible for the applications. The decision made by the judge has been carefully considered for the sake of maslahah (public benefit) and also examined its formal and material requirements. Therefore, judges have rights to grant proposals of marriage itsbat for siri marriage thus it becomes legal before the law. The applicants can also file a cassation if their applications were rejected and for the applications that were declared void/cancelled can make an attempt to reapply. There are some hopes to the government in regard to this matter: first, the government should make strong and firm laws to oblige the citizen to legalize their marriages based on the state law, second, the government needs to take action against illegal practice of Qadhi (Marriage Judge) and lastly, it is also urged to disseminate the information about the risk and negative effects of siri marriage through a massive campaign to the community.

show abstract

Section: Discussionmentioning

confidence: 99%

The Legal Reasoning of Judges Behind Determination of Marriage Itsbat Proposal for Siri Marriage Cases (A Study at the Shariyya Court of Banda Aceh)

Fadhlia

2021

JMS

View full text Add to dashboard Cite

show abstract

“…This means that early marriage actors interpret that (5) early marriage does not contradict state law and can be permitted (Aditya & Waddington, 2021). This is also the case in Malaysia, where any deviation from the minimum permissible age is subject to permission, which is left entirely to the Syariah Court or Tribunal (Yuhermansyah & Mohd Hakim, 2018). The Civil Code in Turkey also permits marriages below the legal age.…”

Section: Identification Of the Internalization Situationmentioning

confidence: 99%

Social Capital in Social Construction: In-Depth Investigation of Early Marriages in Bawean Island, Indonesia

Al’Ghani,

et al. 2024

JPSS

View full text Add to dashboard Cite

Early marriage in Bawean Island involved long-term experiences and understanding of actors’ sociocultural. The phenomenon of early marriage has never been studied using social construction. This research aims to reveal the social construction of early marriage through the dialectical situation of externalization, objectivation, and internalization in early marriage. This research uses a qualitative case study approach by collecting data through participant observation, in-depth interviews, and documentation. This research was conducted on Bawean Island with 31 participants throughout 2023. The results of this study were as follows: first, actors perceived and interpreted early marriage as avoiding social sanctions (out-of-wedlock pregnancy) to avoid social embarrassment; economic solutions; religion does not prohibit early marriage; avoiding religious sanctions; and early marriage is not considered to violate state law and can be legalized. Second, early marriage continued because parents and other social organizations, such as religious leaders and hamlet heads, acquired social capital. The role of hamlet heads in supporting the administration and testifying in the marriage dispensation trial is regarded as objective, allowing the state to legalize early marriages. In addition to continuing practical programs aimed at female actors, outreach to the entire family about the dangers of early marriage, and adding psychological and health expert witnesses to trials, special consideration must be given to social capital, which needs to be taken into account in future research.

show abstract

“…Marriage is one of several historic moments in a human's life journey (Yuhermansyah & Akhir, 2019). By getting married, humans hope to continue their lineage by passing on their lives to the next generation (Supriyadi, 2018).…”

Section: Reasons For Covert Marriagesmentioning

confidence: 99%

Legalization of Nikah Sirri: A Solution to Obtain Marital Status Recognition Among Diverse Cultural Groups in Indonesia

Darmawan,

Sulfinadia,

Efrinaldi

et al. 2023

KIJMS

View full text Add to dashboard Cite

This article examines the background behind couples from various ethnic groups in Indonesia opting for unregistered marriages and their efforts to obtain legal recognition of their marital status from the state. The research aims to understand the motivations of couples from different cultural backgrounds when deciding to marry in secrecy and how they then seek to legalize their unions through court decisions on marital status confirmation. The method used in this study is field research with a descriptive qualitative approach. Primary data was obtained through in-depth interviews with 14 interethnic couples such as Minang, Batak and Javanese in Padang City who filed petitions for marital status confirmation to the local Class 1A Religious Court. The findings reveal that preferences over unregistered marriages are influenced by the social, cultural and religious backgrounds of each ethnic group. This condition necessitates contextual adjustments in providing legal solutions to the issue of unregistered marriages so that they can be accepted by all parties from the existing cultural diversity. In conclusion, marital status confirmation in Religious Courts can be an effective legal solution for interethnic couples with unregistered marriages in Indonesia to obtain formal recognition of their marital status. However, a profound understanding of the prevailing socio-cultural values in each community is needed so that decisions on marital status confirmation do not contradict and can be well accepted by all parties.

show abstract

Implementasi Batas Umur Pernikahan (Studi Kasus di Mahkamah Rendah Syari’ah Bukit Mertajam Pulau Pinang)

Cited by 6 publications

References 0 publications

The Legal Reasoning of Judges Behind Determination of Marriage Itsbat Proposal for Siri Marriage Cases (A Study at the Shariyya Court of Banda Aceh)

The Legal Reasoning of Judges Behind Determination of Marriage Itsbat Proposal for Siri Marriage Cases (A Study at the Shariyya Court of Banda Aceh)

Social Capital in Social Construction: In-Depth Investigation of Early Marriages in Bawean Island, Indonesia

Legalization of Nikah Sirri: A Solution to Obtain Marital Status Recognition Among Diverse Cultural Groups in Indonesia

Contact Info

Product

Resources

About