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All Journal USRAH: Jurnal Hukum Keluarga Islam Jurna Ilmiah Hukum Keluarga Islam
Muhammad Nafis
Universitas Islam Malang UNISMA
Religion Law, Crime, Criminology & Criminal Justice

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AKIBAT HUKUM (IMPLIKASI YURIDIS) PERKAWINAN BEDA AGAMA PERSPEKTIF PASAL 2 JO PASAL 21 UNDANG-UNDANG PERKAWINAN NO 1 TAHUN 1974 Muhammad Nafis; Khoirul Asfiyak; Dwi Ari Kurniawati
Jurnal Hikmatina Vol 1, No 2 (2019): JURNAL HIKMATINA
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (588.512 KB)

Abstract

Indonesia has different: culture such us group and ras, many factors  Indonesia has different culture, the fortos is the geografi situation, because the high factor has many style. After all, even though it must have been really bad for men who were visited by men and women who were living in some place. The problem of married with the other religion is still a polemic,  in the reality of people’s lives the practice of interfaith marriage in Indonesia can’t be avoided, while the implementation of interfaith marriage it self in community is relate very difficult. In the conception of Indonesia law, the  problem of marriage has been regulated nationally, in law number one of concerning marriage, which is officially valid from the date of promulgation, in 2 of January 1974. Then became effective in 1 october 1975 though regulation the government of republic Indonesia No. 9 of 1975 concerning the implementation of number law 1 of 1975 concerning marriage. The purpose of this research how to find the legal impact (juridical implication) of interfaith marriage in the perspective  of article 21 of marriage law no 1 of 1974. This research is a library research that is legal  normative legal research, using several approaches, is the legislative approaches other related approaches to regulation. The research specification in this paper are descriptive analytical in nature, so that later in the expected to be able to know the implementation of inter faith  marriage to compherensive frame of law number I of 1974 concerning marriage. The result of this research that law no 1 of 1974 concerning marriage, there are no stret rules for inter faith marriage in Indonesia.  So that this raises a polemic in understanding and the implementation , even relatively inconsistent this can be show in article 2 paragraph (1), article 8 letter (f) and article 21 paragraph (3) and (4) number one of 1974 years concerning marriage. Keyword : Interfaith Marriage, The validity of marital law, Law No. 1 of 1974. 
ANALISIS SOSIAL-BUDAYA TERHADAP EKSISTENSI PERKAWINAN ANAK DI MASYARAKAT SUMENEP Muhammad Nafis
USRAH: Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2024): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v5i2.1689

Abstract

Child marriage remains a social phenomenon in various regions of Indonesia, including Sumenep Regency, Madura. Despite the revision of Marriage Law No. 16 of 2019, which sets the minimum age for marriage, this practice continues to persist in several areas, including Sumenep.This study aims to analyze the persistence of child marriage traditions in Sumenep Regency by examining the underlying socio-cultural factors and their impact on adolescents' lives. This research employs a qualitative method with an ethnographic approach. Data were collected through in-depth interviews with adolescents who married at a young age, parents, traditional leaders, and local policymakers, as well as through participatory observations within the community.The findings reveal that child marriage in Sumenep Regency is driven by various factors, including strong traditions and customs within the patrilineal Madurese society. Economic conditions and low levels of education also contribute to the high prevalence of child marriage. Additionally, interpretations of religious values are often used to justify this practice.The consequences of child marriage are significant, affecting physical health, psychological well-being, and socio-economic conditions. Young girls who marry early are vulnerable to reproductive health complications, dropping out of school, and mental distress. Socio-economically, this practice reinforces the cycle of poverty and deepens gender inequality.To address this issue, interventions from the government and non-governmental organizations are essential through a holistic and contextual approach. Prevention efforts must consider local cultural values and involve collaboration between the government, traditional leaders, religious figures, and the community. Increasing access to education and economic empowerment is a crucial strategy to tackle the root causes of child marriage in Sumenep Regency. Keywords: Child marriage, patrilineal culture, health impact, poverty cycle
Co-Authors Dwi Ari Kurniawati Khoirul Asfiyak