Sa'dyah, Ana Rokhmatus (2019) Rekonstruksi Perlindungan Hukum Dalam Penanganan Sektor Pariwisata Berbasis Nilai Keadilan Bermartabat. Doctoral thesis, Universitas Islam Sultan Agung.

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Abstract

The phenomenon of marriage arrangement minors is still rife in the territory of
the Republic of Indonesia. It does not only occur due to an unwanted pregnancy
but is also caused by various factors that influence it. The aim of this study is to
describe the marriage arrangements of minors in the perspective of Law No. I of
1974 concerning marriage, the weaknesses in the arrangement of the marriage of
minors today, and the reconstruction of the marriage arrangements of minors are
based on justice values. The approach of this study is sociological juridical
method by applying justice as a grand theory, legal protection as a middle range
theory, and legal system as applied theory. The result shows that (1) the
marriage arrangements of underage children is through Law No. 1 of 1974 is not
relevant in regulating and resolving the complexity of the legal problems of
modern life today. It needs a construction. The construction based on existing
needs, situations and conditions. (2) the weaknesses of judicial process in
dispensing consist of weaknesses in the field of legal substance that do not
provide age limits for dispensation, judge weaknesses authority are only passive
and weaknesses in the legal culture, namely there is not a good faith of the parties
concerned to provide protection to the children, families and communities. Efforts
to reconstruct the age limit of marriage by changing the age limit (clause) in
marriage regulations from a minimum age of 16 years for women and 19 years
for men is reduced to 15 years for women and 17 years for men (by revising
article 7 paragraph 1 which mentions 19 years for men and 16 years for women
and there is no need for dispensation as mentioned in article 7 paragraph 2). The
need to reduce the age limit of marriage is based on assumptions, (1) the
existence of promiscuity that has been difficult to avoid, (2) the development of
maturity (psychic) children are increasingly rapid with the massive development
of information technology, (3) consideration of parents' economic factors, and (4)
religious and cultural of society.
Keywords: reconstruction, underage marriage, justice value

Dosen Pembimbing:	Lazarus, Lazarus and Hafidz, Jawade | UNSPECIFIED, nidn0620046701
Item Type:	Thesis (Doctoral)
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum Pascasarjana > Program Doktor Ilmu Hukum
Depositing User:	Pustakawan 3 UNISSULA
Date Deposited:	06 Mar 2020 03:46
Last Modified:	06 Mar 2020 03:46
URI:	https://repository.unissula.ac.id/id/eprint/17208

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