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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Kairuddin Karim
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LEGAL ANALYSIS OF LEGAL PROTECTION OF THE RIGHTS OF CHILD VICTIMS OF EARLY MARRIAGE Fadlan; Muhammad Sabir Rahman; Sunardi Purwanda; Bakhtiar Tijjang; Kairuddin Karim
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 1 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18640380

Abstract

This study aims to determine and analyze the positive legal regulations in Indonesia regarding the protection of the rights of children who are victims of early marriage and the forms of legal protection for children who are victims of early marriage. This research uses a normative research method with a legislative approach and an analytical approach. The legal sources used are primary, secondary, and tertiary legal materials. The legal analysis will be conducted using a qualitative prescriptive approach. The results of this study are Positive Legal Regulations or Those Applicable in Indonesia Regarding the Protection of the Rights of Children Who Are Victims of Early Marriage, namely Law No. 16 of 2019 concerning Marriage (the latest age of marriage is 19 years old, strict supervision and assessment of dispensation requests and children's opinions must be heard in marriage dispensation requests), Law No. 35 of 2014 concerning Child Protection (the maximum age of children is 18 years old, affirmation of children, protected children's rights, parental obligations to prevent early marriage and special protection mechanisms as well as recovery mechanisms and criminal sanctions, especially for parents who force children to enter into early marriage) and Law 12 of 2022 concerning Criminal Acts of Sexual Violence (forced marriage is sexual violence and recovery of children's rights if in early marriage the child becomes a victim according to the provisions of this Law) and Forms of Legal Protection for Children Who Are Victims of Early Marriage, namely preventive legal protection (minimum age of 19 years for marriage and the obligation to prevent by parents and the state), repressive legal protection (legal and criminal responsibility for parents or parties who force marriage, the existence of sexual violence and exploitation in early marriage), legal protection in the form of restoration and fulfillment of rights and protection of administrative and civil law (tightening and accuracy in granting marriage dispensations and marriage annulments).
LEGAL STUDY OF DISPUTE RESOLUTION OF M E ACTS AGAINST THE LAW OF PLACING ADVERTISEMENTS WITHOUT RIGHTS Sitti Samia; Muhammad Sabir Rahman; Aksah Kasim; Bakhtiar Tijjang; Kairuddin Karim
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 4 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20032762

Abstract

This study aims to determine and analyze the process of resolving disputes over the unlawful act of installing billboards and the legal consequences that occur if the billboard is installed incorrectly without rights. This study uses a normative research type with a legislative approach and an analytical approach. The types of legal sources use primary legal materials, secondary legal materials, and tertiary legal materials. Legal analysis will be studied in a qualitative prescriptive manner. The results of this study are the process of resolving disputes over the unlawful act of installing billboards, namely there are 2 paths or mechanisms, namely identifying or proving that the installation of billboards without rights meets the elements in Article 1364 of the Civil Code. In the settlement there are 2 efforts, namely Non-Litigation Efforts (Outside the Court) by seeking Negotiation, mediation, and Conciliation. However, if the Non-Litigation Effort is not successful and effective, then the Court Effort by filing a civil lawsuit in the Court can be carried out with the initial stage of filing a lawsuit (registration of the lawsuit, appointment of a panel of judges and determination of the trial date and mediation efforts), the examination stage (reading of the lawsuit, the defendant's response, replies and duplicates), the evidence stage (letters, witnesses, experts and others) and the final stage of the Conclusion and decision. After a court decision that has permanent legal force (completed or no legal efforts), then the execution will be carried out according to the wording of the decision and the legal consequences that occur if the error in installing a billboard without rights is the result of civil law related to the error in installing a billboard without rights, namely the perpetrator or installer is obliged to make compensation, stop the use of land without permission while dismantling the billboard without rights and returning the condition of the land or building to its original state.
Co-Authors Aksah Kasim Bakhtiar Tijjang Fadlan Muhammad Sabir Rahman Sitti Samia Sunardi Purwanda