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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Afiq Budiawan
Institut Keislaman Tuah Negeri
Law, Crime, Criminology & Criminal Justice

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From Tradition to Modernity: Transformation of The Practice of Marriage Agreement in Indonesia Afiq Budiawan; Yahanan Yahanan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6022

Abstract

This study aims to analyze the practice of marriage agreements in Indonesia in the perspective of Islamic law and positive law, as well as identify the factors that influence it. The research method used is qualitative with the approach Empirical law, involving interviews with notaries, ministries of the Ministry of Religion, and couples who made a marriage agreement in DKI Jakarta, East Java, Riau, and the Regency/City of Malang. The results showed that marriage agreements in Indonesia are still limited to the separation of assets and are widely carried out by couples with high legal awareness. Factors that influence this practice include economy, education, culture, and modernization. The main recommendation of this research is the need for regulatory renewal in the Marriage and KHI Law so that the marriage agreement can include aspects of the protection of the rights of couples more broadly, as well as further socialization by the Ministry of Religion to change the perception of the community regarding the marriage agreement
The Legal Aspects of the Hanging Marriage Practice: An Ethnographic Analysis Yahanan; Afiq Budiawan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6213

Abstract

The tradition of hanging marriage in the Kampar community is part of a cultural heritage that is still preserved today. This tradition involves a series of traditional ceremonies that are full of meaning, ranging from the Khatam Al-Qur'an rituals, Barandam, night, to the marriage procession itself. Hanging marriage is not only seen as a form of prevention of pre-marital relations, but also as a symbol of spiritual and social readiness of the bride and groom before living a domestic life. In the perspective of Islamic law, this tradition does not conflict as long as it does not deviate from the Shari'a, although there are several aspects that need to be harmonized with the provisions of the National Marriage Law, especially related to the minimum age limit of marriage. This study aims to examine more in the meaning and cultural values ​​behind the tradition as well as the challenges faced in the context of children's modernization and protection
Co-Authors Yahanan Yahanan Yahanan