Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal International Journal of Science and Environment
Musthafa Syukur
Program Studi Hukum Keluarga, Fakultas Agama Islam Universitas Nurul Jadid, Jawa Timur, Indonesia
Agriculture, Biological Sciences & Forestry Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Mathematics Physics

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Disparity In Judges' Determinations Regarding The Confirmation Of Marriage For Underage Sirri Marriages From The Perspective Of Legal Certainty Lailatul Khomariyah; Musthafa Syukur
International Journal of Science and Environment (IJSE) Vol. 5 No. 4 (2025): November 2025
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v5i3.103

Abstract

This study aims to understand and analyze disparities in judges' decisions on marriage validation for secret marriages conducted by underage couples and the legal implications (consequences) that arise. The type of method used in this study is a normative legal research method, using a statutory approach. The findings of this study indicate that the judge rejected the marriage validation case in Decision No. 951/Pdt.P/2023/PA.Krs and Decision No. 59/Pdt.P/2019/PA. Apn reviewed the legal certainty aspect in accordance with the applicable laws and referred to the fatwa of the Secretary of the Supreme Court of the Republic of Indonesia No. 231/PAN/HK. 05/01/2019, which states that marriages involving minors who do not meet the minimum age requirement for marriage must be renewed through tajdid nikah and registered. This relates to the judge's decision to grant the marriage validation case in Judgment No. 614/Pdt.P/2022/PA.Tg and No. 58/Pdt.P/2023/PA. Rtg reviews the aspect of maslahah mursalah (public interest) within the family. This study aims to provide recommendations to enhance consistency and fairness in the enforcement of laws related to underage secret marriages, particularly for unregistered marriages, and to promote public awareness of the importance of marriage registration to ensure their legal rights.
Co-Authors Lailatul Khomariyah