Jurnal Hukum Novelty
Vol 13, No 1 (2022)

Legal Dialectics: Age Limits for Marriage and Political Rights in Indonesia

Sarip Sarip (Universitas Muhammadiyah Cirebon)
Diana Fitriana (University of Bhayangkara Jakarta Raya)
Aip Syarifudin (Muhammadiyah University of Cirebon)
Ali Romdoni (Heilongjiang University)
Multahibun Multahibun (Muhammadiyah University of Cirebon)



Article Info

Publish Date
22 Jul 2022

Abstract

Introduction: This study aimed to examine the legal dialectic over the age limit for marriage and political rights in Indonesia. It was promoted by a new marriage regulation stipulating the minimum age of nineteen years for men and women. This regulation correlates with the rules containing the minimum age limit, necessitating a further discussion.Objective: Previous studies on the minimum age limit did not focus on the law dialectic.Methodology: There are contradictions between the normative method of law and the idea of legal dialectics. The conclusions were drawn inductively.Findings: There are inequalities in several laws and regulations over the minimum age. The legal products, including a minimum age, are specific to certain laws and actions. The marriage dispensation has broken through higher laws, significantly impacting political rights. Therefore, positive law that ideally becomes a thesis turns into an antithesis due to the dispensation.Paper Type: Research Article

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Journal Info

Abbrev

Novelty

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum Novelty (ISSN 1412-6834 [print]; 2550-0090 [online]) is the Journal of Legal Studies developed by the Faculty of Law, Universitas Ahmad Dahlan. This journal published biannually (February and August). The scopes of Jurnal Hukum Novelty are: Constitutional Law, Criminal Law, Civil Law, ...