Implementation Of Marriage Dispensation As A Manifestation Of Minors Protection (Study Of Decision Number 34/Pdt.P/2020/MS.SKL)
Implementation of Marriage Dispensation as a Manifestation of Minors Protection: A Study of Decision Number 34/Pdt.P/2020/MS.SKL
Introduction
Marriage Law No. 1 of 1974 aims to prevent child marriages and ensure that couples are mature in body and soul to build a happy and eternal family. However, despite these efforts, child marriages still occur due to various factors. Decision Study Number 34/Pdt.P/2020/MS.SKL provides a perspective on marriage dispensation as an effort to protect minors. In this article, we will discuss the factors causing minors, the mechanism of submitting marriage dispensation, legal considerations for judges, child protection, and the analysis of Decision Number 34/Pdt.P/2020/MS.SKL.
Factors Causing Minors
Minors occur due to various factors, including:
Poverty: Poor families may be encouraged to marry their daughters so as not to become an economic burden. This is a significant factor, as poverty can lead to a lack of opportunities and resources for children, making them more vulnerable to early marriage.
Culture: The existence of social traditions or norms that allow marriage at a young age is another factor contributing to minors. Cultural practices and norms can be deeply ingrained, making it challenging to change them.
Lack of Education: Low education can cause a lack of understanding of the negative impact of minors' marriage. Education is a critical factor in empowering children and their families to make informed decisions about their lives.
Legal Ignorance: Lack of knowledge about the Marriage Law and sanctions for violators is another factor contributing to minors. If people are unaware of the laws and consequences, they may not take the necessary steps to prevent child marriages.
Sexual Violence: Marriage is forced as a solution to pregnancy out of wedlock due to sexual violence. This is a serious issue, as it can lead to further exploitation and abuse of children.
Mechanism of Submission of Marriage Dispensation
Marriage dispensation is a permission for someone to get married under the age of 19 years. The process is submitted to the Religious Court with the following requirements:
- Application letter
- Photocopy of parents/guardian ID cards
- Photocopy of Family Card
- Photocopy of KTP/Child Birth Certificate
- Photocopy of KTP/Birth Certificate of Husband/Wife
- Photocopy of the last education diploma or a certificate of still school
If these requirements cannot be met, then other documents that explain the identity and status of children's education, as well as the identity of parents/guardians can be used.
Legal Considerations for Judges in Providing Dispensation
The judge considers Maslahat for prospective husband and wife in the age of providing dispensation. This means that the judge considers the positive and negative impacts of the marriage on children. The judge must weigh the benefits and drawbacks of the marriage, taking into account the child's best interests.
Child Protection: Rights and Welfare
Child protection aims to ensure the fulfillment of children's rights and their welfare. The Principle The best interests for children must take precedence in every decision involving children, including giving marriage dispensation. This principle is enshrined in international law and is a fundamental aspect of child protection.
Decision Analysis Number 34/Pdt.P/2020/MS.SKL
Decision Number 34/Pdt.P/2020/MS.SKL gives a concrete example of how the judge considers the benefit in providing marriage dispensation. Judges analyze various aspects, including the age of the child, the level of education, marriage motivation, and their impact on children. This decision highlights the importance of considering the child's best interests in making decisions about marriage dispensation.
Conclusion
Marriage dispensation is an effort to protect minors, but must be done carefully and consider the best interests for children. Efforts to prevent child marriage by increasing public awareness, education, and law enforcement are very important to realize optimal child protection. By understanding the factors causing minors and the mechanism of submitting marriage dispensation, we can work towards creating a society that values and protects the rights of children.
Recommendations
Based on the analysis of Decision Number 34/Pdt.P/2020/MS.SKL, the following recommendations can be made:
- Increase public awareness about the negative impacts of child marriage and the importance of protecting children's rights.
- Provide education and training for judges, lawyers, and other stakeholders on child protection and marriage dispensation.
- Strengthen law enforcement and sanctions for violators of the Marriage Law.
- Encourage community-based initiatives to prevent child marriage and promote child protection.
By implementing these recommendations, we can work towards creating a society that values and protects the rights of children, and ensures that they are not forced into early marriage.
Frequently Asked Questions (FAQs) on Marriage Dispensation and Minors Protection
Q: What is marriage dispensation?
A: Marriage dispensation is a permission for someone to get married under the age of 19 years. It is a process submitted to the Religious Court with specific requirements, such as application letters, ID cards, and education certificates.
Q: Why is marriage dispensation necessary?
A: Marriage dispensation is necessary to protect minors from early marriage, which can have negative impacts on their physical, emotional, and psychological well-being. It also ensures that the couple is mature enough to make informed decisions about their lives.
Q: What are the factors causing minors?
A: The factors causing minors include poverty, culture, lack of education, legal ignorance, and sexual violence. These factors can lead to a lack of opportunities and resources for children, making them more vulnerable to early marriage.
Q: How does the judge consider Maslahat in providing dispensation?
A: The judge considers Maslahat for prospective husband and wife in the age of providing dispensation. This means that the judge weighs the positive and negative impacts of the marriage on children, taking into account the child's best interests.
Q: What is the Principle of the best interests for children?
A: The Principle of the best interests for children is a fundamental aspect of child protection. It states that the child's best interests must take precedence in every decision involving children, including giving marriage dispensation.
Q: What is the role of community-based initiatives in preventing child marriage?
A: Community-based initiatives play a crucial role in preventing child marriage by promoting awareness, education, and law enforcement. They can also provide support and resources to families and children affected by child marriage.
Q: How can we prevent child marriage?
A: We can prevent child marriage by increasing public awareness, education, and law enforcement. We can also encourage community-based initiatives and provide support and resources to families and children affected by child marriage.
Q: What are the consequences of child marriage?
A: The consequences of child marriage can be severe and long-lasting. They include early pregnancy, health problems, lack of education, and limited economic opportunities. Child marriage can also lead to a cycle of poverty and exploitation.
Q: How can we protect children's rights?
A: We can protect children's rights by promoting awareness, education, and law enforcement. We can also provide support and resources to families and children affected by child marriage and ensure that their best interests are taken into account in every decision.
Q: What is the importance of education in preventing child marriage?
A: Education is critical in preventing child marriage. It empowers children and their families to make informed decisions about their lives and provides them with the knowledge and skills needed to avoid early marriage.
Q: How can we support families and children affected by child marriage?
A: We can support families and children affected by child marriage by providing them with resources, such as counseling, education, and economic assistance. We can also advocate for their rights and ensure that their best interests are taken into account in every decision.
Q: What is the role of law enforcement in preventing child marriage?
A: Law enforcement plays a crucial role in preventing child marriage by enforcing the Marriage Law and sanctions for violators. They can also provide support and resources to families and children affected by child marriage.
Q: How can we promote awareness about child marriage?
A: We can promote awareness about child marriage by using various channels, such as social media, community events, and educational programs. We can also engage with local leaders, community members, and families to raise awareness and promote action.
Q: What is the importance of community-based initiatives in preventing child marriage?
A: Community-based initiatives are critical in preventing child marriage. They can promote awareness, education, and law enforcement, and provide support and resources to families and children affected by child marriage.
Q: How can we ensure that the best interests of children are taken into account in every decision?
A: We can ensure that the best interests of children are taken into account in every decision by promoting awareness, education, and law enforcement. We can also advocate for their rights and provide support and resources to families and children affected by child marriage.