Dinny Wirawan Pratiwie
Universitas Widyagama Mahakam Samarinda

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Implementasi Pendewasaan Perkawinan Terhadap Dispensasi Kawin Dalam Perspektif Hukum Positif Di Indonesia Dinny Wirawan Pratiwie; Karina Lizwary
Yuriska: Jurnal Ilmiah Hukum Vol. 15 No. 1 (2023): Februari
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

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Abstract

Background: According to Article 7 paragraph (1) of Law Number 1 of 1974, marriage is permitted if the man has reached the age of 19 and the woman has reached the age of 16. These provisions have been amended, namely in Article 7 paragraph (1) of Law Number 16 of 2019, it is explained that marriage is only permitted if a man and a woman have reached the age of 19. Marriage maturity is a program of the Family Planning Population Agency (BKKBN) as an effort to increase the minimum age of 20 years for women and 25 years for men to have their first marriage. Marriage dispensation is a legal policy that allows minors to be able to enter into legal marriages in Indonesia as stipulated in Article 7 paragraph (2) of the Marriage Law. Research Method: In this study the authors used normative research methods with conceptual approaches to laws, cases. Findings: Marriage Age Maturity (PUP) is an effort to increase the age of the first marriage, so that it reaches a minimum age at the time of marriage, namely 21 years for women and 25 years for men. Maturity of marriage age is not just delaying until a certain age, but trying to make the first pregnancy occur at a fairly mature age. With permission from the court or related officials for someone who is not yet 19 years old and wants to get married for certain reasons and accompanied by supporting evidence. So that the provisions for the legal age limit for marriage can be dissolved with the dispensation of marriage, it does not rule out the possibility that child marriages will continue to occur. Conclusion: The application of the marriage dispensation is in stark contrast to efforts to prevent child marriage in the marriage-age maturity program and contradicts Article 26 paragraph 1 letter c, the 2002 Child Protection Law which mandates preventing marriage at a young age. This provision opens a legal loophole for the implementation of child marriages.
PENCEGAHAN PELANGGARAN PEMILU OLEH BADAN PENGAWAS PEMILU (BAWASLU) KOTA SAMARINDA Dinny Wirawan Pratiwie
Yuriska: Jurnal Ilmiah Hukum Vol. 16 No. 1 (2024): Februari
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24903/yrs.v16i1.2704

Abstract

Background: Bawaslu Samarinda efforts to prevent general election violations are a series of activities carried out in carrying out the task of preventing election violations which include coordinating with relevant government agencies, providing advice and increasing public participation in election supervision related to preventing election violations. This research examines and analyzes first, the readiness of the Bawaslu in facing the 2024 Simultaneous General Election, second, the form of preventing General Election Violations carried out by the Bawaslu by using Research Method: The research method used is non-doctrinal, data collection is carried out by library research and field research using observation, then it will be analyzed descriptively qualitatively. By basing existing data, the author describes systematically, factually and accurately the facts and relationships between existing phenomena. Findings: The research results show that the Samarinda City Bawaslu has made efforts to prevent violations at stages throughout 2022. In accordance with its task, namely coordinating and increasing community participation in election supervision. Potential violations and disputes in the election process are very likely to occur at each stage, so efforts with various forms of prevention must continue to be carried out, such as socializing legal regulations to all elements of society, as part of increasing participatory supervision as well as minimizing the occurrence of suspected election violations at each stage of the election. for the sake of creating honest and fair elections. Conclusion: Bawaslu readiness to face the 2024 Simultaneous General Election Bawaslu with the establishment of the Samarinda City Integrated Law Enforcement Center which consists of elements of the Samarinda District Prosecutor's Office, Samarinda Police Elements and Bawaslu Elements. Bawaslu prepares standards for work procedures for supervising the stages of election administration as work guidelines for election supervisors at every level.