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All Journal Unes Law Review Edunity: Kajian Ilmu Sosial dan Pendidikan
Givanti, Dofana
Unknown Affiliation
Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Juridical Review of Early Marriage in Tangerang District Based on Islamic Family Law in Indonesia Givanti, Dofana; Djaja, Benny
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 8 (2023): Edunity : Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v2i8.128

Abstract

Indonesia sets the age for marriage regulated in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, in this regulation, there is a change in the age of marriage for women, namely from 16 years to 19 years. Article 15 paragraph (1) of the Compilation of Islamic Law (KHI) also regulates the age of marriage, namely 19 years for men and 16 years for women. The limitation on the age of marriage aims to make the prospective bride and groom more ready to live in the household. In Indonesia, the practice of early marriage is still rife, therefore researchers are interested in studying early marriage in Tangerang District. In this study, there are two main issues, namely: How to regulate early marriage according to Islamic family law in Indonesia and what factors are causing early marriage in Tangerang Regency. This study uses normative legal research methods supported by empirical data, using secondary data which is then analyzed qualitatively. The results of the study describe the regulation of early marriage according to Islamic family law in Indonesia that in matters related to early marriage, it is not permissible to ignore the Compilation of Islamic Law (KHI) and the Marriage Law No. 1 of 1974, even though on the grounds that early marriage in a legal view Islam is not prohibited directly or textually. Because it is the main source in the implementation of marriage law, especially in Islamic family law in Indonesia. And the factors that cause early marriage in Tangerang Regency are parents' will, promiscuity, custom and culture, economics, religion, and education. However, the dominating factors are promiscuity factors and economic factors
Pertanggungjawaban Pidana Notaris Terhadap Pemalsuan Akta Autentik Givanti, Dofana; Rasji, Rasji
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1308

Abstract

The purpose of writing this article is to be able to know and analyse how the notary's liability for forgery of authentic deeds. This article uses normative research type with statutory research approach and conceptual approach, and uses descriptive qualitative data analysis with deductive thinking method. Criminal offences by notaries for the act of forgery of authentic deeds can be subject to sanctions contained in the Criminal Code with applicable provisions, in this case, namely the criminal act of forgery. Notaries who commit criminal offences must be punished, and the Criminal Code in general can be applied to the Notary in accordance with the principle of lex specialis derogate legi generali which is interpreted a contrario, namely as long as there is no regulation regarding criminal sanctions in the UUJN specifically, the provisions of general criminal sanctions (Criminal Code) will apply. Criminal responsibility carried out by the Notary, namely for the criminal act of forgery of authentic deeds, namely by going through the process in the Criminal Justice System related to the submission of allegations of forgery of authentic deeds starting from the investigation process to the trial. Falsification of an authentic deed made by a notary has implications for the authentic deed to be null and void.
Co-Authors Djaja, Benny Rasji, Rasji