Child Protection Post the New Marriage Law: How Indonesian Religious Court Interpreting the Urgency in Child-age Marriage
نویسندگان
چکیده
The amendment of the Law Marriage in 2019 introduces new concept Dispensation by providing some additional provisions: obligations to provide urgency marriage and specific supporting evidence proving urgency. This article aims examine interpretations judges Religious Court on defining child-age implementation cases Marriage. Based identification, author analyzes main questions about protection children's rights those interpretations. normative legal research that examines Rulings case Marriage, this uses Nonprobability Sampling techniques, specifically purposive sampling which refers certain criteria, finds inconsistencies interpretation evidence, influenced 2 (two) factors, Formal Regulation principle judge’s independence. As a result, suggests detailed regulations regarding medical as well improvement comprehensive equal understanding for child protection. Comparing previous studies, shows its originality through broader object study analysis with more emphasis juridical aspect, therefore arguments conclusions are built strong analytical foundation.
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ژورنال
عنوان ژورنال: Jurnal ius: kajian hukum dan keadilan
سال: 2023
ISSN: ['2477-815X']
DOI: https://doi.org/10.29303/ius.v11i1.1054