PERBEDAAN PENETAPAN USIA KEDEWASAAN DALAM PERUNDANG-UNDANGAN DI INDONESIA (ANALISIS MAQĀSID ASY-SYARῙ’AH)

AL – ROBIN, S.H., NIM. 18203010026 (2020) PERBEDAAN PENETAPAN USIA KEDEWASAAN DALAM PERUNDANG-UNDANGAN DI INDONESIA (ANALISIS MAQĀSID ASY-SYARῙ’AH). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Skills (or more commonly called adults) are the main elements in carrying out a legal act, because skills show a person's condition to be able to take all legal actions. In Indonesia, a person's skills before the law have been determined in a law. But the problem is that Indonesia has many laws governing maturity which are used as a basis for someone to take legal action. Therefore, this does not rule out the possibility of meeting each other in certain circumstances among several legal rules, because differences in terminology of maturity are generally accepted, whether in relation to private law, as well as public law. Based on the problems mention over, the discussion of this issue is very important to get consideration carefully in order to know what lies behind the difference within the determination of the age of maturity in the law in Indonesia. To answer these issues, the analyst uses a normative approach. Whereas the information data analysis method utilized is descriptive analysis by using Maqāsid ash-syarῑ'ah theory as a knife analysis. The results of this thesis research shows that the differences in determination occurs, since differences in legal skills required, and the legitimate worldview has philosophical reasons as the premise of a thought in defining the age of maturity in the legislation, and is difference in legal scope. However, any Act which have differences in regulating and determining the age restrain as a form of maturity will possibly meet in certain circumstances among several laws. Subsequently, unevenness within the determination of the age of maturity may have implications on the validity of legal actions and legal liability. Determination of the age of maturity based on the reviews Maqāsid ash-syarῑ'ah, that the principles and ways of thinking holistic (comprehensive) turned it important in the formulation of the Act. Because it can play a role in legal reform. Through this way of considering, will obtain the legal entity governing the determination of the age of maturity that is comprehensive, so it can be used as a permanent principles in the implementation of the law to achieve simplicity, decency and lawful certainty.

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