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Elly Kristiani Purwendah
Faculty of Law, Universitas Wijayakusuma , Indonesia

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Dispensasi Perkawinan Bagi Laki-Laki Dibawah Umur(Studi Penetapan No: 0122/Pdt.P/2018/Pa.Pwt) Mochamad Yunan Raenaldi; Eti Mul Erowati; Elly Kristiani Purwendah
Wijayakusuma Law Review Vol. 1 No. 1 (2019): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/sha07004

Abstract

To find out the legal reasoning of the judge in deciding the Marriage Dispensation Request in the decisionNumber: 0122 / Pdt.P / 2018 / PA.Pwt, To achieve this goal the author uses a Normative Juridical approach,Research specifications are Normative Data presentation methods are presented in the form of descriptionswhich are grouped and then arranged systematically. Based on the results of the research and discussion in thedecision Number: 0122 / Pdt.P / 2018 / PA.Pwt, it can be seen that the legal basis of judges in providingMarriage Dispensation is based on the reasons the two have long had a relationship, love each other, are veryfamiliar and have engaged even if the applicant's child has been pregnant for 2 months, then it has beenproven that the Petitioner's child is mature enough and mature to settle in. In addition, both of them are single,there is no relationship, not so that there are no barriers to marriage, and the applicant's family and parents ofprospective husbands have blessed the marriage plan. If the request for dispensation is not granted, it is fearedthat things will happen that are not desirable / violate religious norms, and for the good of prospectivechildren who are being conceived by the prospective bride. The provisions and principles of marriage law havebeen fulfilled as stipulated in Article 7 of Law No. 1/1974 Jo Article 15 up to Article 18 and Article 39Compilation of Islamic Law and in line with the Qaidah Fiqhiyah, (which in Indonesian means: "rejectingobedience takes precedence over priority"), which means that preventing evil must first sought before doinggood.
Kajian Hukum Berperspektif Gender Pada Peran Hakim Dalam Menekan Angka Perkawinan Anak Retno Nur Wulandari; Elly Kristiani Purwendah; Esti Ningrum
Wijayakusuma Law Review Vol. 7 No. 1 (2025): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.nc6pzb64

Abstract

The purpose of this study is to determine the efforts of religious court judges to reduce the number of child marriages from a gender perspective based on the stipulation Number 204/Pdt.P/2020/PA.Tgt and to explain the obstacles for judges in reducing the number of child marriages from a gender perspective. In this thesis research, the author uses a normative legal approach method, namely by combining the problems discussed by examining laws and regulations, various legal theories and jurisprudence. The results of the study indicate that the prospective bride and groom have not reached the minimum age for marriage that has been set by the government. The legal basis for the Law on Marriage in Indonesia is Law Number 1 of 1974 and Law Number 16 of 2019. Law 16 of 2019 is an amendment to Law Number 1 of 1974, with that the prospective bride and groom must prepare administrative documents such as a letter of rejection from the KUA, family card, marriage certificate, birth certificate, and income statement. There are several obstacles for judges to be able to reduce the number of child marriages from a gender perspective, such as the lack of a Recommendation Letter from the Health Service, the absence of psychological tests can also make it difficult for judges to assess the mental maturity and psychological readiness of prospective brides and grooms, as well as the potential to violate the rules because requests for marriage dispensation for ages below the minimum limit set (19 years) can violate the rules. Judges can play an important role in enforcing the law with a gender-based approach, which prioritizes the protection of the rights of girls who are often victims. By using a gender perspective, judges are expected to be able to consider social and economic inequalities rooted in patriarchal norms in society, as well as assess the long-term impact of child marriage on the welfare of women and children as a whole.
Co-Authors Agoes Djatmiko Bagas Ramadhan Putra Bintari Dyah Ramadhani dan Marsudi Triatmodjo Dewiana Mustika Ningrum Elisabeth Pudyastiwi Esti Ningrum Eti Mul Erowati Laely Priatna Mochamad Yunan Raenaldi Okta Luthfiana Budi Cahyani Retno Nur Wulandari Wahyu Hariadi