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All Journal TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review
Dyah Auliah Rachma Ruslan
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Dilema Dispensasi Kawin Pasca Dinaikkanya Batasan Usia Perkawinan Dyah Auliah Rachma Ruslan
PAMALI: Pattimura Magister Law Review Vol 2, No 2 (2022): VOLUME 2 NOMOR 2, SEPTEMBER 2022
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v2i2.1212

Abstract

Introduction: The regulations governing marriage in Indonesia have determined the minimum age for a person to enter into a marriage. The increase in the age limit for marriage resulted in an increase in the number of requests for dispensation for marriage in court and almost all of them were granted by the court. This certainly hampered the government's efforts to reduce the number of underage marriages which are seen as having many negative impacts.Purposes of the Research:  To see the effectiveness of the regulation regarding the age limit for entering into marriage which was raised to 19 (nineteen) for men and women which is associated with the high demand for dispensation from marriage in court..Methods of the Research: The research method used is normative legal research. The main subject of the study is law which is conceptualized as a norm or rule that applies in society and becomes a reference for everyone's behavior.Results of the Research: The rules governing the age limit for marriage, which is 19 (nineteen) years for men and women, are still not effective. This can be seen by the many requests for dispensation from marriage that have been filed in court and almost all of them have been granted. There are still many people who do not understand the negative impacts of underage marriages, which means that there are still many requests for dispensation from marriage. Courts should be able to pay attention in more detail and selectively regarding the aspects that are considered in granting approval for marriage dispensation
Pengesampingan Pasal Dalam Perjanjian Oleh Para Pihak Dikaitkan Dengan Asas Kebebasan Berkontrak Dyah Auliah Rachma Ruslan
TATOHI: Jurnal Ilmu Hukum Vol 3, No 3 (2023): Volume 3 Nomor 3, Mei 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i3.1592

Abstract

Introduction: Until now, in the practice of making contracts/agreements, in general, many parties have made waivers of articles in the Civil Code (hereinafter referred to as the Civil Code). In general, the articles that are set aside are Article 1266 of the Civil Code and Article 1267 of the Civil Code.Purposes of the Research: Provide an explanation of the articles in the Civil Code that can be waived and their relation to the principle of freedom of contract. Methods of the Research: The research method used is normative legal research. The main subject of the study is law which is conceptualized as a norm or rule that applies in society and becomes a reference for everyone's behavior.Results of the Research: Referring to the principle of freedom of contract, in making an agreement not only Article 1266 and Article 1267 of the Civil Code can be waived by the parties, but the parties can also waive the articles governing agreements in Book Three of the Civil Code as long as they fulfill the legal requirements of the agreement. and does not harm either party. Because Book Three of the Civil Code which regulates agreements adheres to an open system.
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