ARGUMEN-ARGUMEN PENENTUAN BATAS USIA PERKAWINAN DI INDONESIA

Devi Anugrah Putri, S.H, NIM.: 19203012015 (2022) ARGUMEN-ARGUMEN PENENTUAN BATAS USIA PERKAWINAN DI INDONESIA. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (ARGUMEN-ARGUMEN PENENTUAN BATAS USIA PERKAWINAN DI INDONESIA) 19203012015_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (6MB) | Preview
	Text (ARGUMEN-ARGUMEN PENENTUAN BATAS USIA PERKAWINAN DI INDONESIA) 19203012015_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (3MB) | Request a copy

Abstract

Law Number 16 of 2019 stipulates that the age limit for marriage for women and men is 19 years. Meanwhile, in Islamic law, it is not specified regarding the age limit for marriage, which is only limited to the condition that they are already mature. Then the official regulation appears a rule that limits a person's marriage age in carrying out a marriage as stated in Law number 16 of 2019. The formulation in this study is 1) How are the arguments for the equality of marriage age limits in the Constitutional Court Decision Number: 22/Puu /Xv/2017 and Law Number 16 of 2019 concerning Marriage?. 2) What is the perspective of Maslahah mursalah on the arguments for the equality of the age limit for marriage in the Constitutional Court Decision Number 22/Puu/Xv/2017 and Law Number 16 of 2019 concerning Marriage? The type of research used in the preparation of this thesis is included in the category of normative legal research. Normative legal research is also called library research. The approach used in this research is normative juridical, which means that the law is seen as a norm or das sollen, because in discussing the problems of this research, legal materials (both written and unwritten law) are used. The main data used are Constitutional Court Decision Number 22/PUU/XV/2017 and Law Number 16 of 2019 concerning Marriage. The study in this study was also carried out with a Maslahah mursalah approach to the arguments for the equality of the age limit for marriage in the Constitutional Court Decision Number 22/Puu/Xv/2017 and Law Number 16 of 2019 concerning Marriage. The concept of Maslahah mursalah in looking at the age limit of marriage. The results of this study indicate that the Constitutional Court Decision Number: 22/PUU/XV/2017 and Law No. 16 of 2019 has fundamental differences in determining the age limit for marriage for men and women, in the Constitutional Court Decision Number: 22/PUU/XV/2017 explains the age limit for marriage between men 19 years and women is 18 years, while the age limit for marriage between men and women is 18 years. Marriage between a man and a woman in Law Number 16 of 2019 concerning marriage explains that the minimum age for men and women is 19 years. The Maslahah mursalah approach in looking at the age limit for marriage is carried out as it must be carried out to achieve the common good, so that a decision is carried out as an effort to encourage the principle of benefit. Especially in this study, it focuses on the health, psychological, and sociological aspects of a person in carrying out their marriage. These three aspects are important reasons for someone to be able to get married, because it will have an impact on the continuity of their household relationships. So that by determining the age limit this will be able to encourage a person's health, psychological, and sociological conditions that support marriage.

Share this knowledge with your friends :

Actions (login required)

View Item