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All Journal Indonesia Private Law Review Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Muhammad Wahyu Saiful Huda
Universitas Negeri Semarang
Law, Crime, Criminology & Criminal Justice

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RELEVANCE OF RELIGIOUS COURT DECISIONS REGARDING DISPENSATION IN CHILD MARRIAGE Rifki Fakihudin; Pramestya Raharjanti; Muhammad Wahyu Saiful Huda
Indonesia Private Law Review Vol. 3 No. 1 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v3i1.2567

Abstract

Child marriage in Indonesia is very vulnerable and has been increasing in recent years. In fact, the granting of marriage dispensation in the Religious Courts triggers several legal consequences that arise. Whereas in practice the judge's consideration is not always accepted regarding the marriage dispensation, the judge can also decide to reject the application for child marriage by looking at the existing legal aspects. Based on these problems, the author explains two problems that are the focus of this paper, namely how the legal consequences of the marriage dispensation on child marriage and the relevance of Religious Court Decisions with positive law. This study used empirical juridical research methods. Using secondary data through literature studies such as laws and regulations, court rulings, and legal theory, the method of data analysis uses qualitative methods. Then, this research conducted an empirical study of the literature from online sources. With the receipt of the application for dispensation for marriage, the right to be able to carry out marriages will be obtained so that the marriages carried out are legally recognized by the state and religion. However, even if the judge rejects the application for dispensation for marriage, the applicant can file an appeal at the Supreme Court. In fact, the role of judges is very important and judges also need to be selective when issuing a request for a marriage dispensation so that the increase in child marriage in Indonesia can be prevented.
Juvenile Delinquency in Semarang City: Aspects of Protection and Law Enforcement in Socio-Legal Approach Nadiyah Meyliana Putri; Muhammad Wahyu Saiful Huda; Rifki Fakihudin; Ridwan Arifin
Unnes Law Journal Vol. 8 No. 2 (2022): October, 2022
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v8i2.37284

Abstract

Juvenile delinquency includes all behaviors that deviate from the norms in society, status violations, and violations of criminal law. Violations of status such as running away from home, skipping school, smoking, drinking, illegal racing, and so on. Violations of this status are usually not recorded in quantity because they are not legal violations. While the so-called deviant behavior against the norm includes premarital sex among teenagers, abortion, and so on. This study aims to analyze the phenomenon of juvenile delinquency from a sociological juridical perspective in the city of Semarang. The method used in this study is a mixed method between empirical and normative studies. This method is used to answer substantially the juvenile delinquency case within the legal framework in the city of Semarang.
Co-Authors Nadiyah Meyliana Putri Pramestya Raharjanti Ridwan Arifin Rifki Fakihudin