USIA PERKAWINAN DALAM PERSPEKTIF FILSAFAT HUKUM DAN KONTRIBUSINYA BAGI PENGEMBANGAN HUKUM PERKAWINAN INDONESIA
This dissertation entitled The Marital Age in the Perspective of Philosophy of Law and Its Contribution for the Elaboration of Indonesian Marital Law. The research background shifted from the objective reality that shows the result of the prevailed Ordinance of Marriage No. 1, 1974 siginificantly do...
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| Main Authors: | , |
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| Format: | Theses and Dissertations NonPeerReviewed |
| Published: |
[Yogyakarta] : Universitas Gadjah Mada
2011
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| Subjects: | |
| Online Access: | https://repository.ugm.ac.id/89983/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=52267 |
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| Institution: | Universitas Gadjah Mada |
| Summary: | This dissertation entitled The Marital Age in the Perspective of Philosophy
of Law and Its Contribution for the Elaboration of Indonesian Marital Law. The
research background shifted from the objective reality that shows the result of the
prevailed Ordinance of Marriage No. 1, 1974 siginificantly does not impact the
attainment of household or family life principles reinforcement in the context of
Indonesian development. Therefore, it would need a critical thought that enables
the finding of marital age rule that reflects the maturity in philosophical meaning.
The age indicates that the person has capability to bear responsibility as a husband
or as a wife. The necessity of critical thought is constructed in the form of ideal
conceptual formulation by means of using the philosophical approach.
The sort of this research is library research that uses philosophy of law as its
formal object and marital age as its material object. Historical method is used to
examine the beginning and the growth phases of marital age thought in the history
of the law and ordinances in Indonesia. Hermeneutical method is used to find the
essential meaning that is started with semantics and structural analysis proses and
is continued by verstehen (deep-comprehension) on the core of marital age rule
and the function of philosophy of law. Method of interpretation, as an internal part
of hermeneutics is also used in the way of translating the meaning of marital age
by means of holistic comprehension. Idealization method is used to formulate the
theoritical construction of marital age in the way of analyzing such detailed
marital age concept by result of gaining the specific nature of understanding
regarded to the specific character of marital age problems.
The result obtained from this philosophical research is the invention of the
philosophical foundations of marriage understanding, the function of the
philosophy of law in the development of law and society contexts, the existence of
marital age rule in the Indonesian marital law that is analyzed from the
perspective of the philosophy of law, and the ideal conceptual formulation about
marital age that is based on the equality principle in the way of insisting the
marital age of male and female in the equal age |
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