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All Journal Alauddin Law Development Journal (ALDEV) Tadulako Social Science and Humaniora Journal
Mubarak, Ayyub
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Religion Arts Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Study of Marriage Age Limit According to Indonesian Marriage Law Nurul Miqat; Susilawati, Susi; Korompot, Ratu Ratna; Mubarak, Ayyub; Ikbal, Mohammad
Alauddin Law Development Journal (ALDEV) Vol 6 No 1 (2024): Social Justice Issues in The National and Global Context
Publisher : Department of Law, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v6i1.42424

Abstract

Indonesia is a country that is blessed with being a pluralistic nation, consisting of several tribes, religions, and cultures. For this reason, the recognition of customary law is also recognized as long as it still exists, and the implementation of marriages is also according to customary law, which is in accordance with the customary law of each region. The research method uses normative research. The findings showed that the age of the prospective groom was 19 years and that of the prospective bride was 16 years. After the amendment, there are no differences. These age limits for marriage are a measure of the maturity of persons who want to marry, carried out by people who have not reached the age of marriage.
The Effectiveness of Marriage Dispensation Requests at the Religious Court of Palu Rahman, Aan Asgari; Susilawati, Susi; Mubarak, Ayyub
Tadulako Social Science and Humaniora Journal Vol. 4 No. 2 (2024): Tadulako Social Science and Humaniora Journal
Publisher : LPPM Universitas Tadulako

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22487/sochum.v5i1.17183

Abstract

Dispensation to marry is a dispensation granted by the Religious Court to a bride and groom who are not old enough to enter into marriage for a man and woman who have not reached 19 (nineteen) years of age. If the two prospective husband and wife are both Muslims, then both of them can apply for marriage dispensation to the Religious Court. The formulation of the problem above is how the increase in applications for dispensation of marriage after the enactment of Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 that occurred in the Palu Religious Court and what factors submitted applications for dispensation of marriage at the Palu Religious Court. The purpose of this study was to determine the increase in marriage dispensation at the Palu Religious Court and to find out what factors submitted to marriage dispensation at the Palu Religious Court. The research method used is empirical juridical. Based on the results of the study, there is an increase in marriage dispensation in the Palu Religious Court due to several factors, namely: pregnancy, fear/fear, economy, culture/custom, and arranged marriage these factors occur because there are no detailed rules on the Marriage Law regarding the reasons that can be submitted to apply for marriage dispensation, lack of public understanding of the impact of marriage dispensation, and lack of counseling from related institutions to provide comprehensive socialization to various places about the Marriage Law. Whether or not this Marriage Law is effective can also be influenced by several factors, namely: legal factors, law enforcement factors and related institutions, facilities and facilities, community factors, and cultural factors.
Co-Authors Ikbal, Mohammad Nurul Miqat Rahman, Aan Asgari Ratu Ratna Korompot SUSILAWATI, SUSI