Suchergebnisse

President Joko Widodo on Wednesday, May 25, 2016 has issued and signed Government Regulation in Lieu of Law (Perppu) No. 1 2016 on Second Amendment to Law Number 23 of 2002 on the Protection of Children, which was amended by Act 35 of 2014. However, with the birth of this regulation has born pro and contra about its effectiveness. This paper attempts to describe the reasons behind doubt of the observer, both the pros and the contra. Finally it can be noted three conclusions. First, there are a number of factors that are the cause and source of violence against children. Second, the legal effectiveness in eliminating violence against children, is highly dependent on idealistic law enforcement and legal awareness of society. Thirdly, together with repressive efforts, preventive measures are also necessary to do in the form of providing a short course on family life for productive spouse and candidate parents. In addition, it is also urgent to provide a family counseling.

The birth of a number of family-related legislation and a number of technical rules related to the implementation of the Pre-Marriage Course, even used as one of the requirements to be able tocarry out the marriage, indicating that the program isconsidered so important. But in reality, the Pre-Marriage Courseis not going well, still aformalist.Therefore, these programs should receive serious attention and increasingly and developed according to the needs and the times. Therefore, the government should give serious attention to this issue before it becomes a problem that may threaten the quality generation.DOI:10.15408/ajis.v15i2.2862

This paper aims to prove that the registration of marriages is one of the requirements of marriage, which means unregistered marriagesare illegal. The basic reasonsfor this conclusion is two-fold. First, the Prophet Muhammad had commanded public notices of marriage (walimahan, iklan). The purpose of this public notice is to secure the rights of spouses so that couples can achieve the purpose of marriage: a harmonious family. In fact, public notices are means to achieve this. Thus a contextual change is possible to changes the legal form as a mean to achieve the objectives of the marriage. Registration of marriage (marriage certificate) is a kind of contextualization of the command for the public notice of marriage. This contextualization is necessary because it is more effective and efficient to guarantee the achievement of a harmonious family as the ultimate goal of marriage. Second, Indonesian citizens must obey the rules of registration of marriage as set out and defined in the Act no. 1 of 1974 on Marriage [Marriage Act], as it is an implication of the obligation to obey the government (uli al-amr). Therefore, Indonesian citizens who do not comply with the contents of Marriage Act is disobeying the government. Furthermore, the Indonesian government has the right to make rules for creating welfare for the community (mashlah), being Indonesian citizens. Consequently, citizens are required to obey rules set by the Indonesian government for the whole welfare of community, and it is clear that the purpose of registration of marriage is for welfare of Indonesian citizens

The negative effect of child marriage is one of the historical background of the promulgation of marriage law of Indonesia no. 1 of 1974 and its government regulation. Howwever, the ultimate goal of the promulgation of the law seems never able to achieve. The main reason of the failure is always argument that the Indonesian marriage law is not accordance with Islamic marriage law. The article tries to prove that child marriage is only possible for the prophet Muhammd Saw not for his followers. This possibility only for the prophet therefore is a kind of exceptional regulation. The conclusion is based basically on al-Qur an and sunna of the prophet from a number of perspective and combination of thematic and holistic analysis and approach.