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All Journal Ulumuna: Jurnal Studi Keislaman Asasi: Journal of Islamic Family Law
Ainullah Ainullah
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice

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PENERAPAN TEORI KEMANFAATAN HUKUM (UTILITARIANISME) DALAM KEBIJAKAN PEMBATASAN USIA PERNIKAHAN Ainullah Ainullah
Ulumuna: Jurnal Studi Keilsman Vol 3 No 1 (2017)
Publisher : LP2M IAI Miftahul Ulum Pamekasan

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Abstract

After the revision of Law No.1 of 1974 to Law No.16 of 2019, the minimum age for marriage has changed to 19 years for both men and women. Of course, this change is filled with pros and cons. There are those who have too high a viewpoint and can fertilize an under-handed marriage (sirri), others have a less high opinion because the age of maturity is no longer at the age of 19 years. By starting from the phenomenon of the current age limitation discourse, the author wants to examine in depth the policy by using the theory of legal utility of utilitarianism in legal philosophy as a test material. Utilitarianism is one of the schools of legal philosophy initiated by Jeremy Bentham. According to Bentham, the purpose of law is to provide the greatest benefit and happiness to as many members of the community as possible. So, the concept puts benefit as the main goal of law. The measure is the greatest happiness for as many people as possible. The assessment of whether this law is good or bad, fair or not really depends on whether the law is able to give happiness to humans or not. Benefit is defined as happiness (happiness). The conclusion is that the policy relevance of limiting the age of marriage as stipulated in Law no. 16 of 2019 with the principle of benefit in the philosophy of utilitarianism is closely related. This is because the policy does not want to hamper someone's desire to get married. But the restriction rests on the reason that entering the world of marriage requires maturity and mental maturity. This can only be done if the government sets a age limit for men and women to marry.
Perlindungan Hak Asasi Manusia Dalam Konsep Pembatasan Usia Pernikahan Pada Uu No 16 Tahun 2019 Ainullah Ainullah
ASASI: Journal of Islamic Family Law Vol. 2 No. 1 (2021)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v2i1.110

Abstract

The protection of human rights has a guarantee from the legal system in Indonesia. The Marriage Age Restriction regulated in Law No. 16 of 2019 is a new rule as a form of revision to natural rules. The latest regulation states that the age of marriage is nineteen years for both the prospective husband and the prospective wife. The results of the analysis show that the state has protected the rights of every citizen who wants to get married. Although the regulation has been promulgated through a new regulation, the state is still present in order to fulfill aspects of human rights, one of which is by enforcing marriage dispensation rules, for anyone who wants to marry under the age of marriage.
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