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All Journal JURNAL MAHKAMAH
Annikmah Farida
Universitas Ma'arif Lampung, Indonesia
Law, Crime, Criminology & Criminal Justice

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Synchronization of the Marriage Dispensation Process for Underage Couples According to Lampung Saibatin Custom with Law Number 16 of 2019 Sulis Tiyawati; Annikmah Farida
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 1 June (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i1.7594

Abstract

Amendments to Law Number 16 of 2019 which set the minimum age of marriage to 19 years old aim to strengthen child protection through the marriage dispensation mechanism. However, the implementation of these provisions still faces challenges for customary law communities that have their own social legitimacy system. This study aims to analyze the practice of child marriage in the indigenous people of Lampung Saibatin in Marga Ngaras, West Coast Regency, and to examine the level of synchronization of the marriage dispensation mechanism with the provisions of national law. The research uses an empirical juridical approach with qualitative methods through in-depth interviews, observations, and documentation of traditional leaders, the Head of the Office of Religious Affairs, and couples who are married underage. The results showed that of the eight cases of child marriage found, only one couple went through the marriage dispensation procedure through the Religious Court, while the other seven couples carried out the marriage based on customary and religious legitimacy without going through formal legal mechanisms. These findings show that the social legitimacy built by customary authorities is still more dominant than the legality of the state, causing inconsistency in the implementation of Law Number 16 of 2019. The novelty of this research lies in the formulation of a procedural synchronization model that integrates the role of traditional leaders, the Office of Religious Affairs, and the Religious Court in the marriage dispensation process as an effort to harmonize between customary law and national law. The model is expected to strengthen child protection without ignoring the cultural values that live in indigenous peoples.
Procedure for the Adoption of Found Children in the Village Sidosari, Natar, South Lampung Perspective Law No. 35/2014 and Government Regulation No. 54/2007 Guntur Setiawan; Annikmah Farida
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.8214

Abstract

This study aims to analyze the practice of child adoption found in Sidosari Village, Natar District, South Lampung Regency, reviewed from Law Number 35 of 2014 concerning Child Protection and Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption, identify factors that hinder the implementation of legal procedures, and analyze their impact on the fulfillment of children's rights. This study uses a qualitative method with an empirical juridical approach. Primary data were obtained through interviews with the families of the child's caregivers, village officials, and community leaders, while secondary data were obtained from relevant laws and regulations, books, and scientific literature. Data is collected through interviews, observations, and documentation, then analyzed qualitatively through the stages of data reduction, data presentation, and conclusion drawn. The validity of the data is carried out through source triangulation. The results of the study show that the practice of adopting children found in Sidosari Village is more based on humanitarian, family, and social solidarity considerations than compliance with formal legal procedures. Obstacles to the implementation of legal procedures include low understanding and awareness of the community's law, limited access to information and related institutions, perception of the complexity of administrative procedures, and a strong culture of family problem-solving. Based on Soerjono Soekanto's theory of legal effectiveness and Lawrence M. Friedman's theory of the legal system, these conditions show that the relationship between legal substance, legal structure, and legal culture in the implementation of child adoption is not optimal. From the aspect of fulfilling rights, the children found in the study have received sufficient parenting, basic needs, and fulfillment of identity rights. However, the absence of a court determination raises potential uncertainty regarding the legal status and protection of children's civil rights in the future. Therefore, it is necessary to strengthen the role of the village government and social services through socialization, mentoring, and simplification of access to legal procedures so that the family's values can run in line with certainty and legal protection for children.
Co-Authors Guntur Setiawan Sulis Tiyawati