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MENAKAR FUNGSI DISPENSASI KAWIN DALAM PENCEGAHAN PERKAWINAN ANAK DI INDONESIA Ramelan, Rafida; Nurtsani, Rahmi
Usroh Vol 8 No 1 (2024): Usroh: Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/ujhki.v8i1.23274

Adanya kenaikan batas usia perkawinan pada UU No 16 Tahun 2019 diharapkan dapat menekan terjadinya perkawinan anak, namun pada faktanya masih ada pengecualian berupa dispensasi kawin. Penelitian ini bertujuan untuk menganalisis fungsi dispensasi kawin di Pengadilan Agama dan upaya optimalisasi dispensasi dalam rangka pencegahan perkawinan anak di Indonesia. Adapun metode penelitian yang digunakan adalah penelitian kepustakaan (library research) dengan pendekatan yuridis normatif yang dianalisis secara deskriptif kualitatif. Hasil dari penelitian ini menunjukkan bahwa dispensasi kawin memberikan peluang untuk menyimpangi batas usia minimum perkawinan sehingga kemudian dijadikan celah hukum untuk melegalkan perkawinan anak. Banyaknya permohonan dispensasi kawin yang dikabulkan oleh hakim menyebabkan hakim dianggap lalai untuk mempertimbangkan dampak negatif dari perkawinan anak. Adapun upaya optimalisasi dispensasi dalam rangka pencegahan perkawinan anak dapat dilakukan dengan beberapa cara, yaitu standarisasi regulasi dispensasi kawin dalam menentukan alasan mendesak, pengesahan RUU Hukum Terapan Peradilan Agama yang mengatur sanksi pidana bagi pelaku perkawinan anak, optimalisasi peran pemerintah sebagai pembuat kebijakan, dan optimalisasi peran orang tua dalam memberikan pendidikan karakter dan penanaman budi pekerti pada anak. Kata Kunci: Dispensasi Kawin; Pencegahan Perkawinan; Perkawinan Anak

Praktik Adat Kekampi Desa Pagar Agung Muara Enim dan Akibat Hukumnya Menurut Hukum Keluarga Islam Ifrohati, Ifrohati; Ramelan, Rafida; Halnasia, Rati
Berasan: Journal of Islamic Civil Law Vol. 3 No. 2 (2024): Desember 2024
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v3i2.11892

The purpose of the research is to find out the implementation of kekampi customs and a review of Islamic family law on kekampi customs in the village. The method used in this study is field research or qualitative (field research) collecting data directly dealing with the phenomena that occur data, namely by interview and documentation. Data analysis techniques use descriptive analysis by presenting the results of interviews and drawing conclusions deductively. The results of the study obtained are that the practice of the kekampi custom consists of several stages, namely the first is the arrival of the prospective groom, the second is the arrival of the prospective groom with his family, the third is the arrival of the woman's family to the groom's house, the fourth is gathering the family, the fifth is the cooking event and the arrival of residents, the sixth is the marriage contract, the seventh is the reception. And the legal consequences of the agreement between the two parties who carry out the kekampi custom are regarding property, residence, inheritance, and the position of the man. Therefore, Islamic law states that the marriage of kekampi custom is a custom that is not prohibited in Islamic law, but looking at the incompatibility of the legal consequences of kekampi custom, it is not in accordance with Islamic law. For this reason, kekampi custom marriage can be said to be corrupt because kekampi custom is a customary custom in which there are legal consequences in terms of property, inheritance and the position of the man that is not in line with Shari'ah.

ANALISIS KAIDAH FIQIH TERHADAP REKONSTRUKSI IHDAD BAGI ISTRI YANG BERKARIR DALAM DINAMIKA PERUBAHAN Yuanda Arlinza, Lola; Duski; Ramelan, Rafida
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 6 No 1 (2025): Maret
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/ahwalunajurnalhukumkeluargaislam.v6i1.451

Women who are in a period of progress are mostly women who devote all their energy and thought power to pursue a career to realize their goals and hopes. Women who are married and hold the title of wife also have the right to improve their competence as career women. Wives who have a career and are left to die by their husbands still have to undergo Ihdad. This study aims to examine and analyze the concept of Ihdad for career wives in Islamic law and factors that influence the construction of ihdad for career wives in social change. The type of research used is a literature study (library research) with normative juridical research methods. The results of this study indicate that the concept of Ihdad for career wives in Islam is not absolutely limited to 4 months and 10 days, but can be adjusted to the conditions and roles of these women. While the factors that influence the construction of Ihdad for career wives in social change are economic demands, the competence of women and the times.

Women’s Reproductive Rights in the Stunting Prevention Policy by the Government of Indonesia Ramelan, Rafida; Rochmiyatun, Siti; Armasito, Armasito
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): January-June 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1341

This study aims to analyze the protection of women’s reproductive rights in preventing stunting as part of the state’s responsibility to ensure the quality of future generations. The research employed a combination of library research and field research using a qualitative descriptive approach. Data were collected through the examination of legal documents, scholarly literature, government policies, and interviews with health officers, community leaders, and women of reproductive age in regions with a high prevalence of stunting. The findings show that women’s reproductive rights have been protected under various national regulations, including Government Regulation No. 72 of 2021, which demonstrates the government’s commitment to addressing stunting through reproductive health–oriented regulatory policies. However, the implementation of these policies remains suboptimal due to limited coordination among institutions, inadequate public awareness, and disparities between legal norms and field practices. The study concludes that legal protection of women’s reproductive rights is a crucial factor in preventing stunting and ensuring the realization of maqashid al-sharia, particularly hifzhu al-nasl (the protection of lineage). Academically, this research contributes to enriching the interdisciplinary discourse between Islamic law, public policy, and public health by integrating reproductive rights into national stunting prevention strategies. The results are expected to serve as a reference for policymakers and stakeholders in formulating effective, sustainable, and gender-responsive health policies that support the creation of a strong, healthy, and high-quality rabbani generation for the nation’s future.

ANALISIS KAIDAH FIQIH TERHADAP REKONSTRUKSI IHDAD BAGI ISTRI YANG BERKARIR DALAM DINAMIKA PERUBAHAN Yuanda Arlinza, Lola; Duski; Ramelan, Rafida
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 6 No 1 (2025): Maret
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/ahwalunajurnalhukumkeluargaislam.v6i1.451

Women who are in a period of progress are mostly women who devote all their energy and thought power to pursue a career to realize their goals and hopes. Women who are married and hold the title of wife also have the right to improve their competence as career women. Wives who have a career and are left to die by their husbands still have to undergo Ihdad. This study aims to examine and analyze the concept of Ihdad for career wives in Islamic law and factors that influence the construction of ihdad for career wives in social change. The type of research used is a literature study (library research) with normative juridical research methods. The results of this study indicate that the concept of Ihdad for career wives in Islam is not absolutely limited to 4 months and 10 days, but can be adjusted to the conditions and roles of these women. While the factors that influence the construction of Ihdad for career wives in social change are economic demands, the competence of women and the times.

The Problems of Contested Divorce in Marriages Over 30 Years Old at the Pangkalan Balai Religious Court Armasito, Armasito; Ramelan, Rafida; Sulistiawati AR
WARAQAT : Jurnal Ilmu-Ilmu Keislaman Vol. 9 No. 2 (2024): Waraqat: Jurnal Ilmu-Ilmu Keislaman
Publisher : Pusat Penelitian dan Pengabdian pada Masyarakat (P3M) Sekolah Tinggi Agama Islam As-Sunnah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51590/waraqat.v9i2.874

This research was motivated by the problem of contested divorce in marriages over 30 years old, which means that the husband and wife ended their marital relationship after many years of marriage. At that age, they would likely already have children or even grandchildren. This indicates that the couple's household is not in line with the goal of marriage, which is to build a happy and eternal family. This research aims to identify the problems and considerations of judges in deciding cases of contested divorce when the marriage is over 30 years old. The type of research used is field research, using data collection techniques through interviews, documentation, and literature. Interviews were conducted using an interview guide in the form of a list of questions to be asked of the judges. The data analysis technique uses qualitative descriptive methods. Based on the results of research conducted at the Pangkalan Balai Religious Court through interviews with judges show that the factors causing contested divorce in marriages over 30 years old are the husband's irresponsibility as head of the family, the husband having an affair/having another dream woman, committing domestic violence, continuous disputes, and leaving the wife. Meanwhile, in deciding cases of contested divorce when the marriage is over 30 years old, the judge considers it based on procedures that meet the requirements and the firm wishes of the parties and considers the benefit.

The Implications Of The Change In The Age Limit Regulation On Child Marriage Practices In Sungai Rengit Village, Banyuasin Regency Ulya, Fadhilatul; Huzaimah, Arne; Ramelan, Rafida
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 6 No. 1 (2026): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v6i1.9619

Child marriage continues to occur in rural communities, including in Sungai Rengit Village, Talang Kelapa Subdistrict, Banyuasin Regency, despite the government’s enactment of the amendment to Law Number 16 of 2019, which raises the minimum legal age of marriage to 19 years for both men and women. While many studies discuss the normative aspects of child marriage, empirical research on the policy's effectiveness at the local rural level (law in action) remains limited. This study aims to analyze the implications of the change in the legal age of marriage and the factors contributing to the persistence of child marriage in the village. The research employs a juridical-empirical method with a qualitative approach through the collection of primary data in the form of interviews and documentation involving community members who engaged in early marriage, as well as secondary data derived from literature and statutory regulations. The findings indicate that the change in the age requirement has had positive impacts, including increased legal awareness among the community and a decline in the incidence of child marriage. However, early marriage continues to occur due to social and economic pressures, low levels of education, premarital pregnancy, unregistered marriages, limited legal literacy, insufficient knowledge of reproductive health, and the absence of institutions dedicated to the protection of women and children. These findings highlight the emergence of unintended policy consequences, namely an increase in unregistered marriages, and provide a theoretical contribution to the socio-legal literature regarding structural vulnerabilities in policy implementation in developing countries.

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