PERKAWINAN SIRI ANAK DIBAWAH UMUR DALAM TINJAUAN HUKUM PERKAWINAN ISLAM

M. ANDIKA SN, 030810419 (2015) PERKAWINAN SIRI ANAK DIBAWAH UMUR DALAM TINJAUAN HUKUM PERKAWINAN ISLAM. Skripsi thesis, UNIVERSITAS AIRLANGGA.

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Official URL: http://lib.unair.ac.id

Abstract

Marriage is a bond between a man and a woman as husband and wife with the intention to form a happy family based on the Almighty.1 Therefore, there is a regulation of marriage in Indonesia. Indonesian law regulates that marriage should be recorded in the Religious Affairs in order to provide legal protection to married couple. Furthermore, Indonesian law also set limits on the age of marriage; 19 years for the men, and 16 years for the women. However, there is a discourse from Indonesian legal experts who want add the minimum age of marriage; 23 years for men, and 21 years for women. However, in reality the marriage dispensation request from the underage couples increased. In the past, underage marriages conducted due to the customs reasons, and economic factors, but in recent time are more like a prevention and suppression efforts by judges to prevent promiscuity, and abortions among adolescents with grant the dispensation to marry. In giving the marriage dispensation, the judges considered the rule of jurisprudence that “rejecting damage precedence over attractive benefit, and if the effect is opposite between bad and good effect, precedence rejecting bad influence.” On the other hand, there are still many legal protection of the underage wife. This condition becomes worse by the lack of awareness to conduct marriage legally, and list in the Religious Affairs. So, to marriage the underage children, they choose to conduct the secret marriage or not listed. This paper will examine about the secret marriage conducted for marrying under age child. Furthermore, it will analyze the secret marriage with the underage child conducted by Syeh Puji.

Item Type: Thesis (Skripsi)
Additional Information: KKB KK-2 FH. 75/15 Neg p
Uncontrolled Keywords: MARRIAGE LAW; ISLAMIC LAW
Subjects: H Social Sciences > HQ The family. Marriage. Woman
K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K7000-7720 Private international law. Conflict of laws > K7120-7197 Persons > K7155-7197 Domestic relations. Family law > K7157-7179 Marriage. Husband and wife
K Law > KB Religious law in general
Divisions: 03. Fakultas Hukum
Creators:
CreatorsEmail
M. ANDIKA SN, 030810419UNSPECIFIED
Contributors:
ContributionNameEmail
ContributorFISKA SILVIA RR, S.H.,M.M.,LL.M.UNSPECIFIED
Depositing User: Tn Yusuf Jailani
Date Deposited: 27 Feb 2015 12:00
Last Modified: 04 Oct 2016 02:06
URI: http://repository.unair.ac.id/id/eprint/13286
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