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All Journal Jurnal Ijtimaiyya Smart: Journal of Sharia, Tradition, and Modernity
Billah, Yusuf Ridho
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Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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TINJAUAN MASLAHAH TERHADAP POLITIK HUKUM PENETAPAN BATAS MINIMAL USIA PERKAWINAN DALAM UNDANG-UNDANG NOMOR 16 TAHUN 2019 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Efrinaldi, Efrinaldi; Fahimah, Iim; Shafra, Shafra; Billah, Yusuf Ridho; Putra, Andi Eka
Ijtimaiyya: Jurnal Pengembangan Masyarakat Islam Vol. 15 No. 1 (2022): Ijtimaiyya : Jurnal Pengembangan Masyarakat Islam
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/ijpmi.v15i1.11778

Abstract

Law Number 16 of 2019 Amendments to Law Number 1 of 1974 concerning Marriage raise the minimum age for marriage for both men and women to be 19 years old. This was not just an equalization of the minimum age for men and women, but there were government legal politics to improve the quality of Indonesian marriages. The focus of this research was a review of the problems of the legal politics of the minimum age limit for marriage in Law Number 16 of 2019? This study concludes that the legal politics of determining the minimum age for marriage in Indonesia in the Law of the Republic of Indonesia Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage with the principles of equality and justice; non-discrimination; the state's obligation to actively protect and ensure the fulfillment of human rights and freedoms; the best interests of the child; the right to life which guarantees that every child has the right to live, develop and carry on their lives and the state was obliged to guarantee it and fulfill the rights of the child, respect for the opinion of the child; orderly and legally certainty; in line with maslahah which was the goal of Islamic law related to maintaining offspring (hifz an-nasl).
Prevention of Falsification of Polygamous Marriage Identity in Lampung Province and Its Contribution to the Reform of Islamic Family Law in Indonesia Billah, Yusuf Ridho
SMART: Journal of Sharia, Traditon, and Modernity Vol. 4 No. 1 June (2024)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v4i1.20548

Abstract

This article examines the problem of identity forgery in polygamous marriages in Lampung Province. This case arises because the husband is not open to the first wife and the strict regulations regarding polygamy. The purpose of the research is to analyse identity forgery from the perspective of Islamic law and positive law as well as preventive efforts that can be made as an Islamic family law reform in Indonesia. The method used is qualitative, with a case study approach, type of field research, data collection techniques, through observation, interviews and documentation. Interview respondents from the Head of the Lampung Province Religious Affairs Office, religious leaders and six perpetrators of marriage identity forgery. The findings show that identity forgery is done to trick the wife and the KUA, and violates the principles of justice in Islam and Marriage Law No. 1 of 1974. Prevention efforts involve increasing public awareness, the capacity of registration agencies, and revising stricter regulations. The conclusion states that these measures can prevent identity forgery and strengthen law enforcement, as well as contribute to a more just and transparent reform of Islamic family law.
Co-Authors Andi Eka Putra Efrinaldi Efrinaldi Iim Fahimah Shafra Shafra