Search results for: Zendy Prameswari

Authors: Erni Agustin, Zendy Prameswari

Abstract:

The Law Number 1 Year 1974 on Marriage was issued by Indonesian Government to replace the old marriage law stipulated in Burgerlijk Wetboek inherited from the Dutch colonial. The Law defines marriage as both physical and mental bond between a man and a woman as husband and wife with the purpose to form a harmonious family based on deity. Marriage shall be conducted when determined requirements are met based on the Law. Article 7 of the Law Number 1 Year 1974 stipulates the minimum age requirement to enter into marriage, which is 19 years for men and 16 years for women. This stipulation is made to make the marriage achieve the true goal to form a happy, eternal and prosperous family. It is expected at that age, each party has a mature soul and physic. However, it is possible for those who have not reached the age to enter into marriage if there is a dispensation granted by the courts or other official designated by the parents of each party in the marriage. As many other countries in the world, Indonesia has serious problems linked with the child or underage marriage. Indonesia is one of the countries with the highest absolute numbers of child marriage. In 2012, a judicial review was filed to the Constitutional Court against the provisions of the minimum age limit in the Law Number 1 Year 1974 on Marriage. The appeal was filed in order to raise the limit of minimum age for women from 16 years to be 18 years. However, the Constitutional Court considered that the provisions on the minimum age in the Law Number 1 Year 1974 on Marriage is constitutional. At the international level, Indonesia has participated in the formulation of variety of international human rights instrument which have an impact on children, and is a party to a number of them. Indonesia ratified the CRC through Presidential Decree of the Republic of Indonesia Number 36 Year 1990 on 5 September 1990. This paper attempts to analyze three main issues. Firstly, it will scrutinize the ratio legis of the stipulation on minimum age requirement to enter into marriage in the Law Number 1 Year 1974 on Marriage. Secondly, it will discuss the conformity of Indonesian marriage law to the principles and provisions on the CRC. Last, this paper will elaborate the legal measures shall be taken to strengthen the legal protection for children against child marriage. This paper is a doctrinal research using statute, conceptual and historical approaches. This study argues that The Law-making of Indonesian marriage law influenced by religious values that live in Indonesia. With regard to the conformity of Indonesian marriage law with the CRC, Indonesia is facing the issue of the compatibility of its respective national law with the CRC. Therefore, the legal measures that have to be taken are to review and amend the Indonesian Marriage Law to provide better protection for the children against underage marriage.

Keywords: child marriage, children’s rights, indonesian marriage law, underage marriage

Procedia PDF Downloads 200

Authors: Denia Prameswari

Abstract:

The impacts of divorce are not only felt by parents but also by children. Preschool children are the most distressed while facing parental divorce. The negative impacts of divorce on children can be minimized when children had pervious knowledge about the event. One of the method to give knowledge about divorce to children is through picture book. Unfortunately, in Indonesia, researchers have not found picture books for preschoolers about divorce. This study aims to test the effectiveness of picture book in increasing knowledge of preschool children about divorce. Formulation of picture books in this study is based on three sources of information: (1) the study of literature, (2) analysis of picture books, and (3) need assessment. This picture book that have been prepared, then used to test its effectiveness for increasing knowledge of preschool children about divorce. The test was conducted using pre and post test on 5 participants. The statistical method used in this study is paired sample t-test. The purposive sampling method was used to select the participants. The participants for this study are preschool children with parents that is undergoing divorce proceedings. The result shows that picture books in this study significantly increase preschool children's knowledge about divorce. As an additional result, parents find it easier to explain divorce to their children using the picture book from this study. For further study, researcher can make another picture book about divorce for children at different age or to face another challenging situation in life.

Keywords: divorce, parent, picture book, preschool children

Procedia PDF Downloads 322

Authors: Fikile Xaki, Zendy Magayiyana

Abstract:

The increasing population and urbanization, with the demand for land and development, has had adverse impacts on wetland areas which has resulted in changing the hydrology and water chemistry of wetlands, affecting the water supply and water quality in urban areas like the Highland View, a residential area in Mbizana, South Africa. The settlement development in Highland View has led to wetland degradation due to land uses like agriculture and conversion of wetland for settlement development. Interviews with the local community were conducted to show how settlement development on wetland affects them. The results indicated that the environmental rights of people as according to Section 24 of the South African Constitution are compromised, and sustainable development was not put into consideration during development. With the results from the survey - through questionnaires for the Mbizana Local Municipality and the community, it was clear that the community needs education and capacity building on wetland management and conservation. Geographic Information Systems (GIS) was used to map physical properties of the Highland View wetland and houses built on the wetland. With all the information gathered from the research, it was clear that local municipality, together with hydrologists, needs to develop an environmental management framework to protect the wetlands.

Keywords: sustainable development, wetlands, human settlement, water

Procedia PDF Downloads 348