Reconstruction of Responsive Legal Theory in Supreme Court Regulation Number 5 of 2019 Concerning Guidelines for Adjudicating Marriage Dispensation Applications in Indonesia: (Maslahah Mursalah Approach)
Year: 2025
Type: article
Abstract: This study aims to discuss changes in the age of marriage determined in the marriage law which has implications for society which is the object of law in the marriage law. In Law Number 16 of 2019 concerning Marriage, there is a change in the minimum age of marriage for prospective brides from the original age of 16 to 19 years. The research method used is normative legal research with the type of library research. Primary data sources include laws and regulations, opinions of scholars, works of Muslim scholars in the form of journals and books. Data analysis was carried out through the content analysis method with the stages of data collection, data reduction, presentation and drawing conclusions. The results of this study indicate that in the new marriage regulation there is a strong relationship between responsive legal theory and maslahah mursalah. With this relationship, the relationship can realize justice as the purpose of the law. The law turns into a social institution so that the application of marriage dispensation is not only seen from a legal perspective, but also has a social good side (maslahah mursalah). Responsive legal theory, which is a modern legal theory, is connected to the theory of maslahah which is a classical Islamic theory. This research contributes to law makers and enforcers not to ignore legal theory in the preparation of legislation or in the application and enforcement of the law. This research also offers a responsive legal theory as a theory that places law not only as ius constitutum, but a way to achieve ius constituendum, namely the desired justice.
Authors: Moh. Rizal,, Zainal Abidin,, Muhammad Akbar,
Institution: Universitas Islam Negeri Datokarama Palu
Language: English
Topic: Marriage and Family Dynamics
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W6949353077
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