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All Journal KERTHA WICAKSANA Jurnal Paradigma Hukum Pembangunan
PUSPANINGTYAS PANGLIPURJATI
Fakultas Hukum Universitas Atma Jaya Yogyakarta
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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SEBUAH TELAAH ATAS REGULASI DAN PENETAPAN PENGAMPUAN BAGI PENYANDANG DISABILITAS DI INDONESIA DALAM PARADIGMA SUPPORTED DECISION MAKING PUSPANINGTYAS PANGLIPURJATI
Jurnal Paradigma Hukum Pembangunan Vol 6 No 02 (2021): Jurnal Paradigma Hukum Pembangunan
Publisher : Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/paradigma.v6i02.2586

Abstract

Kitab Undang-Undang Hukum Perdata regulates that an adult, who is in a continuous state of simple-mindedness, insanity or rage, shall be placed under conservatorship, notwithstanding that he might have mental capacity from time to time (mental disabilities). Similiar to that, Undang-Undang Penyandang Disabilitas regulates that people with disabilities can be declared as incapable of the law and placed under conservatorship by court judgment. The consequence of that conservatorship is an individual placed in conservatorship has no legal capacity and prohibited to do any legal action by themself. The perspective that be used in that two regulations and some court judgments in giving conservatorship is substituted decision making which the conservator substitutes the position of an individual placed in conservatorship. This concept actually is no longer appropriate with the new paradigm brought by CRPD, supported decision making. This issue makes the researcher did a normative research by using some secondary data as regulations and also some conservatorship court judgment. Based on the research, the researcher found that the regulations and some conservatorship court judgment do not support the efforts to fulfill the rights of person with disabilities to got an equality before the law especially to make any decisions.
Menilik Efektivitas Penegakan Hukum Batas Usia Minimal Kawin dan Kebijakan Negara Puspaningtyas Panglipurjati
Kertha Wicaksana Vol 19 No 2 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.19.2.2025.83-92

Abstract

Law Number 16 of 2019, concerning Amendments to Law Number 1 of 1974 concerning Marriage, changes the minimum age limit for marriage to 19 years for men and women as an effort to suppress and eliminate the practice of child marriage in Indonesia. In addition to changing the minimum age limit for marriage, the law also opens up the opportunity to apply for a dispensation to marry for those not yet 19. Several data collected show that the number of child marriages and marriage dispensations in Indonesia still tends to be high, and there is still inconsistency among judges in examining applications for marriage dispensations based on the Supreme Court Regulation concerning Guidelines for Adjudicating Applications for Marriage Dispensations. Therefore, this study aims to capture the conditions of child marriage and marriage dispensations in Indonesia, especially after the revision of the minimum age limit for marriage, as well as the effectiveness of law enforcement. The method used in this study is the normative legal research method, which traces primary legal materials and secondary legal materials, such as reports and journals related to child marriage. Based on the research conducted, several recommendations are given, including taking preventive measures against several main factors in the occurrence of child marriage, especially in provinces that are based on data including provinces with the highest percentage of child marriage, one of which is by recommending the local government to form regional regulations to prevent and overcome child marriage.
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