USIA PERKAWINAN DALAM PERSPEKTIF FILSAFAT HUKUM DAN KONTRIBUSINYA BAGI PENGEMBANGAN HUKUM PERKAWINAN INDONESIA

• Main Authors: , SJAMSU ALAM, , Prof. Dr. H. R. Soejadi, S.H.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2011
• Subjects: ETD
• 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
• Institution: Universitas Gadjah Mada

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