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All Journal Bengkoelen Justice : Jurnal Ilmu Hukum
M. Darudin
Universitas Bengkulu
Law, Crime, Criminology & Criminal Justice

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STUDY ON UNDERAGE MARRIAGE IN EMPAT LAWANG REGENCY VIEWED FROM THE LAW OF THE REPUBLIC OF INDONESIA NUMBER 16 OF 2019 IN CONJUNCTION WITH LAW NUMBER 1 OF 1974 ABOUT MARRIAGE Alfha Sulindra; M. Darudin; Sirman Dahwal
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 2 (2021): November 2021
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (171.643 KB) | DOI: 10.33369/j_bengkoelenjust.v11i2.19784

Abstract

Underage marriage is a marriage bond between a man and a woman, where the age of both or one of them has not reached the limits stipulated in Law of the Republic of Indonesia Number 16 of 2019 in conjunction with Law of the Republic of Indonesia Number 1 of 1974 about Marriage. Underage marriage is one of the legal acts that is not justified by the law of marriage. However, in reality in Empat Lawang Regency it is still practiced, and even the number of underage marriages is still high. The formulation of the problems in this study were: (1) How was the underage marriage in Empat Lawang Regency viewed from the Law of the Republic of Indonesia Number 16 of 2019 in conjunction with Law of the Republic of Indonesia Number 1 of 1974 about Marriage? (2) What were the factors causing the high rate of underage marriage in Empat Lawang Regency? (3) How was the impact of underage marriage on the harmony of domestic life? The research method applied in this study was juridical empirical. The results of this study indicated that: (1) Underage marriage in Empat Lawang Regency had been carried out according to Law of the Republic of Indonesia Number 16 of 2019 in conjunction with Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage, if the prospective husband and wife had not met the requirements as regulated in the Law, then the prospective husband and wife must apply for dispensation to the Religious Court for approval of marriage permits. (2) The factors causing the high rate of underage marriages in Empat Lawang Regency consisted of being pregnant outside of marriage (married by accident), worrying that their child will fall into promiscuity, pressure from parents, lack of economic stability, desire of lasting relationship, family traditions, lack of parental supervision of children, lack of sex education, and parental mindset. (3) The impact of underage marriage on the harmony of household life was the difficulty to form such a harmonious household.
DISPUTE RESOLUTION OF INHERITANCE DISTRIBUTION FOR THE SUBSTITUTE HEIR IN TERMS OF ISLAMIC LAW Putri Larasati; M. Darudin; Sirman Dahwal
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (553.715 KB) | DOI: 10.33369/j_bengkoelenjust.v11i1.15794

Abstract

This study was aimed to determine the settlement of disputes regarding the distribution of inheritance to substitute heirs left by their grandparents in terms of Islamic law and to determine the position of substitute heirs for the assets according to Al-Quran and Hadith provisions. The data collection technique used in this study was a normative legal research methodology based on a literature study. From this research, it is known that (a) The rights of grandchildren as substitute heirs to replace their deceased parents are the same as the rights which obtained by their mother's sister. It caused by the 2 sons and 3 daughters so that the distribution of inheritance is based on a ratio of 2:1. In accordance with the provisions of Q.S An-Nisaa'/7:4. To give the inheritance to a grandchild who replaces their deceased parents’ position, he/she can use a mandatory will so that he/she can receive the inheritance left by their grandparents. And if there is a dispute regarding the distribution of inheritance to the replacement heirs, it should be resolved by a mediation process as a tools of dispute resolution because it is considered as faster, easier, and less costly than the litigation process, (b) Al-Quran does not regulate the provisions regarding substitute heirs, but the Article 185 of the Islamic Law Compilation stipulates that the substitute heirs can replace their parents and the asset share of substitute heirs,must not exceed the share of the heirs which is equal to was replaced.
THE IMPLEMENTATION OF REGULATION OF THE MINISTER OF RELIGIOUS AFFAIRS OF THE REPUBLIC OF INDONESIA NUMBER 12 YEAR 2016 REGARDING THE MANAGEMENT OF NON-TAX STATE REVENUES ON MARRIAGE FEE OR RECONCILIATION OUTSIDE THE DISTRICT OFFICE OF RELIGIOUS AFFAIRS AT THE DISTRICT OFFICES OF RELIGIOUS AFFAIRS IN BENGKULU CITY Budi Hartono; Sirman Dahwal; M. Darudin
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (374.144 KB) | DOI: 10.33369/j_bengkoelenjust.v10i1.11359

Abstract

One of the sources of non-tax state revenues from the District Office of Religious Affairs comes from the marriage fees that are carried out outside the District Office of Religious Affairs, as stipulated in the Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 12 Year 2016. This Regulation of the Minister of Religious Affairs is applied in all District Offices of Religious Affairs in every City or Regency in Indonesia. The formulations of the problem investigated in this study were: (1) How was the Implementation of the Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 12 of 2016 concerning the Management of Non-Tax State Revenues on Marriage Fees or Reconciliation Outside the District Office of Religious Affairs in the District Offices of Religious Affairs in Bengkulu City?; (2) Was the marriage cost outside the District Office of Religious Affairs paid by the bride and groom outside the provisions of the Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 12 year 2016 concerning the Management of Non-Tax State Revenues on Marriage Fees or Reconciliation Outside the District Office of Religious Affairs can be classified as gratification acts y as regulated in Law of the Republic of Indonesia Number 20 year 2001 concerning Corruption Crimes?. The research method used to address these problems was the empirical juridical research method. The results of this study indicated that: (1) The regulation of the Minister of Religious Affairs Number 12 year 2016 concerning the Management of Non-Tax State Revenues on Marriage Fee and/or Reconciliation Outside the District Office of Religious Affairs, has been implemented at the District Offices of Religious Affairs of Bengkulu City, namely, in terms of the provisions for marriage fees, deposits and receipts, disbursements, uses and reporting. (2) Marriage Fees or Reconciliation Outside the District Office of Religious Affairs, especially in the case of the Headman, or the Head of the District Office  of Religious Affairs, or Officers who received money when carrying out services for the implementation of marriage contract counseling outside the District Office of Religious Affairs, cannot be classified as gratification acts as regulated in the Law of the Republic of Indonesia Number 20 Year 2001 regarding Corruption Crime.
Co-Authors Alfha Sulindra Dahwal, Sirman Damayanti, Elok Putri Larasati