Perkawinan adalah sah, apabila dilakukan menurut hukum Islam sesuai dengan (1) Untuk memenuhi ketentuan dalam pasal 5, seyiap perkawinan harus. PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN TENTANG PERLINDUNGAN .. c. mencegah terjadinya perkawinan pada usia. Anak; dan. LT Tahun tentang Pembentukan Tim Pengkajian Hukum Perkawinan. Beda Agama (Perbandingan Beberapa Negara) Tahun Anggaran
|Language:||English, Spanish, Japanese|
|Genre:||Science & Research|
|Distribution:||Free* [*Registration needed]|
PDF | p>Perkawinan beda agama adalah perkawinan antara pria dan wanita yang keduanya memiliki perbedaan agama atau kepercayaan. PDF | p class="IABSSS">The article 4 clause 2 in the Act Number 1 Year Kedua, konfigurasi politik dalam produksi UU Perkawinan dan pemahaman teks . All the best free uu tax amnesty pdf you want on your android phone are you think as good as or even better than uu tentang perkawinan beda agama.
This writing will apply normative research as well as literature research methods upon the positive rules and regulations. The decisions of district courts upon the revision or change of gender and its legal basis will be analyzed and be the topic of discussion. The results of analysis and discussion will be the closure of the writing, as conclusions and advice, if any. Definisi ini merefleksikan bahwa perkawinan di Indonesia merupakan perkawinan pasangan yang heteroseksual. Kasus AH yang dibatalkan perkawinannya oleh Mahkamah Agung pada tahun yang tidak menganggap dia adalah seorang lelaki, semakin memperjelas bahwa pertanyaan ini menjadi penting untuk menilai kapasitas seseorang untuk melaksanakan perkawinan.
Penulisan ini menggunakan metode penelitiannormatif dimana penelitian kepustakaan atas hokum dan peraturan yang berlaku dilaksanakan. Penetapan pengadilan atas revisi atau perubahan jenis kelamin dan dasar hokum putusannya akan dianalisis dan menjadi bahan diskusi. Metode perbandingan juga dipergunakan untuk membandingkan persyaratan perkawinan antara hukum Indonesia dengan hokum Singapura dan Hong Kong. Hasil analisis dan diskusi dari topic tersebut di atas akan dipergunakan untuk menutup tulisan ini sebagai kesimpulan dan saran jika ada.
At that time, the case was considered as a progressive decision. The judge mentioned that there were no law or regulations which stipulated this particular issue. Therefore, the judge referred to the general principles of rules of law. In addition, the judge also valued the testimony and opinion of the religion of the claimant. Interestingly, this decision was issued a year before Law No. Chronologically, it should be considered that the MA includes men and women who have undergone reassignment surgery and had the district court decision upon it.
But there was no confirmation or clarification to this issue in its official elucidation. The case of AH in indicates the ambiguity of this question or requirement. Lastly, how do reconstruction surgeries impact the capacity to marry according to the Indonesian Law? The writing will be based on the normative approach to the prevailing law and regulations in Indonesia, as relevant. The decision of district courts, in particular its legal considerations in relevant cases will be compared and analyzed.
In addition to the above, marriage requirements to the prevailing regulations of Singapore and Hong Kong, in particular the sexual identity, will also be compared.
Both countries have been chosen because many Indonesian couples tend to solemnize their marriage there, other than any other countries. The decision granted the change of from male-to-female transgender and the name of the applicant also changed from IwanRubi- yanto to be Vivian Rubiyanti Iskandar. This writing will use particular terminologies which will be defines below. A person with DSD is a person who has ambiguous genital organ s or sex ambiguity. Reassignment surgery is a surgical procedure to replace the original primary genital organ to the opposite sexual identity.
The reassignment surgery procedure involves the removal of the primary sexual organ and implants the external sexual organ, which can be male-to-female or vice versa. Those countries stand by the monogamy principle, consent from parties tied to the marriage, heterosexual couples a man and a woman , minimum age and approval needed from parents.
There are also prohibitions which forbid couples to marry should they have significantly close blood relations or adoption. The general requirements of marriage are slightly similar one to each other, save for the monogamy principle and heterosexual couples. The absolute monogamy principle is adopted in Singapore and Hong Kong, while Indonesia adopted the limited monogamy principle, in which polygamous marriage could only occur if the couple obtains a prior decision by the district court to do so upon specific circumstances.
Therefore, only heterosexual couples can marry. Belmont: Thompson Wadsworth, , p. Hong Kong Section 4 of the Hong Kong Marriage Ordinance 10 hereinafter briefly referred to as HMO states that two people cannot marry each other unless they are of different sexes, therefore only heterosexual couples can get married.
The requirement of different sexes or marrying the opposite sex person also includes any person who are transsexual by having the re-assignment surgery. Same-sex marriage is forbidden and will not be recognized in Hong Kong, as according to HMO, marriage is a voluntarily union for life of one man and one woman to the exclusion of all others.
The case of W vs. She was refused by the Registrar of Marriage hereinafter briefly referred as ROM to marry a man based on the ground that she was biologically a man; therefore, she could not marry a man.
The Court of First Instance and the Court of Appeal gave order against W, yet the Court of First Instance suggested the government to conduct a public consultation on gender identity, sexual orientation, and specific problems and difficulties faced by transgender people, including the right to marry. Singapore: LexisNexis, , p. Accordingly, the Court viewed that under the law, the applicant is entitled to be included as a woman and therefore has the right to marry a man.
Indonesia From the definition stipulated in Article 1 of the MA , it is stated that the couples must consist of a man and a woman, also known as heterosexual couples. Yet, this definition does not mention whether the men or women must be men or women since birth, or if it includes men or women who have undergone reassignment surgery or reconstruction surgery.
The MA is silent about same-sex marriages, yet the Indonesian society is still holding tightly religious and traditional values;therefore, it could be concluded that same-sex marriage is inacceptable in Indonesia. Some scholars mention that it is clearly forbidden based on religions values.
In addition, it is not in line with the nature and purposes of marriage due to the inability to procreate in same-sex marriages. Since the first case in , there were some district court decisions in Indonesia which acknowledge the sexual identity of a person after he or she has undergone reassignment surgery or reconstruction surgery, either male-to-female or vice versa.
Sukarnah, as a woman, was the awardee of the bronze medal for javelin of the SEA 13 The stipulation of the same-sex couples in Indonesia in the future is un-known. Up to now, the Indo- nesian society seems reluctant to accept same-sex marriage, though in fact there are some couples who are silently live together.
It needs a lot of data and long discussion to this issue. The author is confident to state that Indonesia is still difficult to accept the same-sex marriage as modern ways of living. Besides those same cases, there were cases which only known or identified from the news by their names among others Sri Wahyuni based on the Decision of Makassar District Court, Sukarnah alias IwanSetiawan and Dorce Gamalama, a well-known tv personality in Indonesia.
Games in Tokyo, She is now known as Iwan Setiawan, a man with a wife and child. Sukarnah transitioned to man. The hearings were part of the process of the examination of his sexual identity before his marriage could be validated by the Religious Affairs Office Kantor Urusan Agama. The fact that he had failed gender examination to participate in the Olympics in Melbourne in and the SEA Games in twice provide indications that, previously, there was doubt regarding the sexual identity of Sukarnah or Iwan.
This case indicated that the condition of Sukarnah or Iwan was scrutinized, but no court decision was involved. There were also several cases of marriage cancellations, one of them was the case in the District Court of Jatiasih, Bekasi, West Java in Both of them were considered women although one of them appeared and dressed as a man. In this case, no medical examination was involved. The latest case was case of AH husband vs JD wife in For this, the mother-in-law of AH objected their marriage.
The case was brought before the Indonesian court. First, AH was accused of committing identity fraud, but AH was released from this criminal case in But when it was over, JD claimed against AH for tort onrechmatigedaad for using her inability to lead her in a marriage and for using her money for his own purpose.
She requested the court to cancel their marriage as their marriage was a same-sex marriage which is forbidden in Indonesia. JD was asked for a divorce as a reply. For this decision, the judge had two expert witnesses.
First, the forensic expert who stated that AH is a man with 15 PT. Some blogs also repeat the same story about Sukarnah who then became IwanSetiawan. JPR dated 29 March The judge emphasized that AH has woman chromosome, and further concluded that even if AH is a man, he is not a real man.
The judge concluded that AH is a woman. He decided the cancellation of marriage, instead of divorce. Notwithstanding the authority of the judge to adjudicate the case and decided AH was a woman, it is worth reconsidering what is a man and woman according to the medical perspective and the condition of AH.
Sexual identity became the central issue in the above case. It shows that determining a man or a woman is not as easy as we thought. Only seconds after birth, a doctor or someone who helps the birth delivery could determine whether the baby is a boy or a girl. Moreover, nowadays with high medical technology, namely ultrasonography USG , a fetus in the womb could have their sexual identity identified.
Sometimes there are babies who have unclear external genital organs or maybe look alike that they have both of a penis and a vagina. This condition can happen once out of 4. This kind of disorder is previously known as intersexual, where the terminology refers to traditional sexual identities that are man and woman.
This is natural, however this decision for babies with DSD could be is error-prone. These errors appear years after the babies are grown up. In addition, the data in civil registration office will determine and influence the role and education of the respective baby.
In early years, this error could be no problem; however, when the baby grows up it could become a psychosocial problem. He is not a woman as he has penis though it is not normal, also testis the primary genital of a man and no vagina. The determination of sex in the embryo has three phases: genetically chromosome , a form of gonadal, and a form of phenotype.
Any disturbance or disorder to any development canhappen from the beginning, since the person was in the womb. Each category has their own symptoms and physical characteristics. In the Complete Androgen Insensitivity Syndrome CAIS , the patient looks like a normal woman with the external genitalia of a woman as well, but have a vagina shorter than normal, and their breasts will grow at puberty with normal or slightly elevated testosterone hormone levels.
Physical examination and ultrasound USG will show palpable or visible two generally undeveloped testes located in the abdomen or groin, without the structure of the female genitals. Therefore, girls who have inguinal hernia a lump in the groin before puberty and has never had their period since birth, need a chromosome examination.
Patients with an incomplete form of androgen insensitivity demonstrate a spectrum of external genitalia ranging from very feminine to increasingly masculine and sometimes found in normal but infertile cannot have a child men.
PAIS patients have small penises that look like an enlarged clitoris, accompanied by severe hypospadias urethra does not pass through the penis , which divides the scrotum so that it looks like the vaginal opening, followed by other physical abnormalities.
Ambiguous genitalia are limited to the appearance of the exterior due to androgen exposure in utero. Overall, CAH Congenital adrenal hyperplasia is the most frequent cause of these ambiguous genitalia in the newborns.
CAH is classified into the classical type and non-classical type. The classical type arises in the womb and often dies in the first month after birth. CAH presents a spectrum of abnormalities. There are patients with the appearance of a female but have masculinization syndrome. They show symptoms of an enlarged 23 The phase of development of DSD in biological approach is beyond of this writing. See also Joel Hutcheson, et. Patients with male appearances are rarely reported because they have premature puberty without showing ambiguous genitals.
CAH may result from several metabolical defects, one of which is hydroxylase deficiency. This leads to a mineralocorticoid deficiency and a build-up of androgenic byproducts, which causes masculinization of a female fetus. In children with CAH, endocrine stabilization must be individualized, a process that usually takes several weeks.
They can be treated to avoid more severe symptoms, treatment should be done as early as possible and lasts a lifetime.
Ovotesticular DSD previously known as True Hermaphroditism This diagnosis is made when a microscopic examination of tissue shows gonads consisting of both ovarian female and testicular male tissue. For that, the emphasis born in the AC, 3 years after the time on the specificity of the Prophet Muhammad of ignorance overed post AC. If she to be put forward in order to not simply was born in the era of ignorance, she should be a new legitimacy in practice under aged been at least14 years old when she married.
Through this scientific Through three relationships above, calculation then they assumed that the hadits Prophet Muhammad Saw marriage is purely above cannot be accepted and unreasonable for the second interest, the long friendship and certainly cannot be used as a religious that has been built; this is based on the argument.
In general, the background of such about their rights as human beings. The marriage practice is caused by the existence thought construction about gender equality, of a relationship that had been built: human rights, was prioritized as evidence of a. The existence of kinship, which requires modernity. That is, if everyone is educated it to always connect the lineage, and the and has an critical minded understanding, prohibition of blood mixing with that it will be no more the under aged marriage may caused lost of their glory.
Such practiced in the future. Many parents must relationship was still being conducted wish to have their children succeed in world in the ahl al-bait culture of Prophet and hereafter.
Therefore by the explanation Muhammad Saw. The existences of friendly relations Islam about the early marriage through that have been built are both among contextualization nash text with modernity.
Business relationships are also very is a hadits that only acceptable its existence dominant in early marriage. Because much as possible for supporting himself and by nature, marriage is formed by the natural other closed people. When such a mindset elements of human life itself which includes was shaped, then there are two effects that needs and biological function, producing will occur; children, the need for love and brotherhood, a.
As a result of the low of education nurture the children become members of a caused by broken school, it will make the perfect society volwaardig As a result of it, eliminate the instinctive nature as a child then they perforce to perform early and then created a new family buildings marriage, better than they have to flirt are almost not much different from the with ashamed.
Thus, if the marriage b. Usually the children with broken school is performed by under aged children, the would prefer to get married to anyone functions of biological descent continue to who can provide the economic needs conduct business will be able to be done? Even It must not be.
For that, indirectly Islam the family norms were ruled out, no itself has essentially banned the practice of matter whether her husband is married early marriage if we want to study it more or a single person.
With thinking deeply. And prophet marriage is the special like this, the domesticity usually will character of Prophet Muhammad Saw that not run long, because when material cannot be followed without ceremony by impingement was lost, the affection in other people.
Reading from Indonesia While the second is external factor. It Regarding this discussion, I will begin on usually occurs caused of; various factors of the occurrence of under aged marriage in Indonesia, which is also a. Parents are obliged and responsible for nurturing, nurture, educate and protect the children The marriage should be raised to above 19 years of age.
From a sociological point of view, marriage has been described as the union of a man and a woman for the purpose of rearing children and for the ultimate good of the society Ketty Mangkey stated that child married should have been avoided. If parents marry off their child who is still underage, it will have effects to the education of their children in the future.
The same thing was also stated by Suryanto Muarif, the Head of Singkil District Religious Court, that children who get married under the legal age limit surely would be unable to educate their children since they had no knowledge in building a family. Family background characteristics play a more important role then income determining child income. Marriage which has been taken place, the couple should be able to fulfill their family needs. The needs are not only of spiritual need but also of material need which is very important in that marriage.
The women was still under the legal age of marriage. They got married because the women had already been pregnant. After married, they lived in the house of their parents and later on stayed at boarding house.
Two years later, in August 19, in exact, the women side came to the Office of Religious Affairs to ask for the duplicate of marriage certificate book. When asked by KUA, what was the reason for asking for the said duplicate, she answered that she needed if to file for divorce at the Religious Court PA in Manado. The KUA got the explanation that during her marriage with FL, her husband, he did whatever he liked to her, the husband never gave the necessities of life to his wife.
If the wife asked him for money, the husband only asked what she wanted to eat and then bought it for her. The above case shows that child marriage has significant effects to family necessities of life.
A husband has the obligation to provide his wife wish living necessities of life both materially and spiritually by giving her cash money in order that she could function her responsibility as housewife. When it is cannot 12 Obidimman, Emmanuel. Journal of Law, Policy and Globalization, vol. Clerk of Manado Religious Court is also of the same opinion with the judge of PA Manado that child marriage has significant impact on family harmony.
Child marriage impacts family harmony because in order to found harmonious family you need support of maturity of though from parties. The maturity of though for future husband and wide is very important in founding a house hold. Maturity of though affects the actions and intercourses of husband and wife in a household which ends up in the harmony of family. No informant stated doubt and disagree to that statement. From the above data, I the writer could conclude that in general the informants agree that child marriage has impact on the harmony of family because the couple are not to marry.
Therefore, maturity and mature age to wed is of utmost important to be paid attention to realize harmony in family. The writer obtained data from the Manado Religious Court which indicated that family harmony significantly affected the reason to divorce of couples.
In , there were cases settled by PA Manado, 74 cases among others, were caused by unharmony of couples in family. In , they settled cases, 88 cases were caused by unharmony in family. And this indicates that harmony between husband and wife in a family posses important role in realizing a happy family as is ordered in law No.
The judge of Manado Religious Court also gave argumentation that. Internal challenge and difficulty in building a household was more complicated and heavier. And as such, the objective of marriage was hard to reach and it was liable to dispute and even the breaking up of marriage. The impact of child marriage toward family harmony because they are not ready, one who wants to get married should have prepared materially and mentally to go through the experience of marriage life, other wise, there will be dispented and quarrels.
Generally, they do not yet know the right and obligation as husband and wife, and if they know, they were not ready to do it. Data obtained by the writer from interviews show that most. Effects negatively affect. Family and its social neighborhood. The vice- chairman of PA Manado is of the opinion that child marriage apart from having chances to become burden for family and its social surroundings, it also bring forward worries and apathy International Journal of Pure and Applied Mathematics Special Issue toward the couple and toward the fate of children they give birth to.
The judge of PA Manado also stated the same opinion that a good family living would have positive impact to the living of community and the other way around. The data shows that basically child marriage brings negative impacts on family and its surrounding community.
Child Marriage is Vulnerable to Divorce. The judge of Manado District Court said that many facts which happened in society were child marriage vulnerable to divorce. The polling which was spread to informants, she average agreed that child marriage impacted to divorce in society.