Child Brides, Not Our Pride: Looking into Child marriage incidences in malaysia.
SOCIOLOGY AND WELFARE
DEVELOPMENT
Edited by:
Muhamad Fadhil Nurdin
Centre for Socioglobal Studies
Padjadjaran University
Foreword by:
Dr. Afriadi Sjahbana Hasibuan, MPA, M.Com (Ec)
Head of Research & Development
Ministry of Home Afairs, Republic of Indonesia
SOCIOLOGY AND WELFARE DEVELOPMENT
© 2015 Muhamad Fadhil Nurdin et. al.
First Published May, 2015
Published By
Centre for Socioglobal Studies
Padjadjaran University
In Cooperation With
Penerbit Samudra Biru (Member of IKAPI)
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ISBN: 978-602-9276-56-5
All rights reserved. No part of this book may be reprinted or
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invented, including photocopying and recording, or in any
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writing from the publishers.
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Sociology and Welfare Development
CONTENTS
Contents ...................................................................................
iii
List of Contributors .................................................................
v
Acknowledgement ....................................................................
ix
Foreword ..................................................................................
xi
Introduction .............................................................................
xiii
Welfare Development: Meanings, Issues and
Challenges
Muhamad Fadhil Nurdin .................................
1
Poverty and Social Development
Muhamad Fadhil Nurdin, Ali Maksum, Indri
Indarwati ........................................................
19
The Emergence of Jakarta-Bandung MegaUrban Region and Its Future Challenges
Agung Mahesa Himawan Dorodjatoen,
Forina Lestari and Muhamad Fadhil Nurdin ....
39
Development for Urban Poor Housing
Mohd Haizzan Yahaya, Muhamad Fadhil
Nurdin, Hery Wibowo and Mohd Tauik
Mohammad .....................................................
69
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Sociology and Welfare Development
iii
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Chapter 9
Chapter 10
iv
Baitul Mal wat Tamwil: a Sociological
and Social Welfare Movement ?
Hery Wibowo & Muhamad Fadhil Nurdin ........
Environmental Participation among Youth:
Challenges, Issues and Motivating Factors
Lim Jen Zen & Muhamad Fadhil Nurdin .........
79
97
Indonesian Workers Health Condition:
A Sociological Analysis
Bintarsih Sekarningrum, Desi Yunita
and Muhamad Fadhil Nurdin ........................... 125
he Delivery System of Education Programs
Mahathir Yahaya, Ali Maksum,
Muhamad Fadhil Nurdin and Azlinda Azman ... 135
Child Brides, Not Our Pride:
Looking Into Child Marriage Incidences in
Malaysia
Mitshel Lino, Muhamad Fadhil Nurdin and
Azlinda Azman ................................................
143
Concluding Remarks
Muhamad Fadhil Nurdin .................................. 151
Sociology and Welfare Development
LiSt of ContribUtorS
Agung Mahesa Himawan Dorodjatoen, is a PhD candidate at West
Australia University, Perth – Australia. He is a Planning Staf, Directorate
of Spatial Planning and Land Afairs, Indonesia National Development
Planning Agency (Bappenas). He is a Best Graduate Student in Regional
and Planning Department, Bandung Institute of Technology (2006)
and Utrecht Excellence Scholarships Awardee 2007-2009 on Research
Master Human Geography & Planning, Faculy of Geoscience, Utrecht
University.
Ali Maksum, is a Ph.D candidate at the Centre for Policy Research
and International Studies (CenPRIS), Universiti Sains Malaysia, Penang.
His current project is about the Indonesia-Malaysia relations from
defensive realism perspective. He has written articles have been published
in such publisher as Kajian Malaysia: Journal of Malaysian Studies,
Springer (ISI), Indonesia national newspapers and conferences.
Azlinda Azman, Ph.D is an Associate Professor and Head of Social
Work Programme at the School of Social Sciences, Universiti Sains
Malaysia (USM), Penang, Malaysia. She is also the Convenor of the
AIDS Action and Research Group (AARG), USM. She was a Fulbright
Scholar and obtained her Doctor of Philosophy (Ph.D) degree in Clinical
Social Work from New York University. Her ields of expertise include
social work education and practice, theory and methods in social work
and social work research. Her areas of research interest include poverty,
Sociology and Welfare Development
v
HIV/AIDS and drug related issues.
Bintarsih Sekarningrum, a leturer at Social Welfare Departement
in Social and Political Sciences Faculty, University of Padjadjaran. She
obtained Bachelor degree, master degree and Doctoral degree from
University of Padjadjaran. Some scientiic papers had been published
at national or international level. Currently, he is focusing on waste
management problem in society who life near the Cikapundung river at
Bandung City.
Desi Yunita, oicially join the Departemen of Sociology at Social
and Political Science Faculty University of Padjadjaran since 2014. She
got Magister degree in Sociology also from University of Padjadjaran and
focusing the research on development and environmental problem.
Forina Lestari, obtained B.Sc.Eng. (ITB, 2006), MSc in Housing,
School of Housing, Building and Planning, University of Science Malaysia
(USM, 2008). Lecturer at Indonesian Institute of Technology (ITI). She
has published a book: Alam Takambang Jadi Guru: Merajut Kearifan
Lokal dalam Penanggulangan Bencana di Sumatera. Consultant and
expertise at Directorate of Rural and Urban Afairs, Indonesia National
Development Planning Agency (Bappenas) and Directorate General of
Spatial Planning, Ministry of Public Works (2013), Directorate General
of Regional Development Assistance, Ministry of Home Afairs and
Expert, Deputy of the Area Development, Ministry of Public Housing
(2012), Expert Staf, Commission V (Infrastructure), he Indonesian
House of Representatives (DPR, 2011). Junior Expert, Directorate of
Rural and Urban Afairs, Indonesia National Development Planning
Agency (Bappenas, 2010).
Hery Wibowo, S.Psi, MM, PhD is a leturer at Departement of Social
Welfare Faculty of Social and Political Science, Padjadjaran University.
Indri Indarwati, is PhD candidate in Social Work at Universiti Sains
Malaysia (USM). Since 1999 she has been attached as a civil servant in
the Ministry of Social Afairs. Her research areas are study of social work,
gender and community development.
vi
Sociology and Welfare Development
Mitshel Lino is a Master of Social Sciences (Psychology) candidate
under the supervision of Assoc. Prof. Dr. Intan Hashimah Mohd
Hashim from the Department of Social Work, Universiti Sains Malaysia.
Her research interest surrounds the ield of Social Psychology. She was
a Graduate Assistant, serving as a Psychology tutor in the university.
She was invited to the Golden Key International Honour Society for
academic excellence and awarded Second Upper Class Honours from her
undergraduate. Her past researches included the area of Multicultural
Psychology and Child Marriage in Malaysia, collaboration project with
UNICEF.
Mohd. Haizzan Yahaya MSW is Ph.D scholars from University
Sains Malaysia. He is currently researching on Urban Poor Housing
and being supervised by. Muhamad Fadhil Nurdin, PhD and associate
professor Azlinda Azman, PhD
Mohd Tauik Mohammad is a Ph.D scholar at the Social Work
Programme, School of Social Sciences, Universiti Sains Malaysia. His
current Ph.D studies regarding on Specialization Social Work, Forensic
Social Work/Victims’ Studies/Restorative Justice, being supervised by
associate professor Azlinda Azman, PhD.
Muhamad Fadhil Nurdin, MA and Ph.D. from University of
Malaya. He is a leturer at Departement of Social Welfare (1982-2011)
and Departement of Sociology (2011-present), Head Departement
of Sociology in Faculty of Social and Political Science, Padjadjaran
University (2014- present). Visiting Associate Professor at University
of Malaya (2008) and Visiting Associate Professor at Univerisiti Sains
Malaysia (2012- present).
Tia Devianty, S.IP., MPA, is a PhD candidates at Universitas
Padjadjaran, and a master’s degree graduate from Public Policy, Faculty
of Public Policy and Management, Flinders University, Australia. Now,
a lecturer at Ahmad Yani University, Bandung - from september 1996
– present Teaching, Researching, and Public Servicing. Current Researches
are mainly about Capacity Building For Decentralization (2008-now).
Sociology and Welfare Development
vii
Current Public Services are Facilitator, Comprehensive Maternal Village
Program in West Java, West Java Province Health Department (2006 –
2008), Facilitator for Sustainable Capacity Building for Decentralization
(SCBD) Project in Bau-bau City and Buton Regency (2008 – 2012),
District Advisory Team Capacity Building Program Minimum Service
Standard Basic Education at Sorong West Papua (2014-2016), tdevianty@
rocketmail.com.
Tofan Rakhmat Zaky, S.Ip MA is a researcher at the Department of
International and Strategic Studies, Universiti Malaysia, Kuala Lumpur.
He is activist in Art Movement in Malaysia.
viii
Sociology and Welfare Development
ACknowLedgement
Alhamdulillah. hanks to Allah SWT, whom with His willing
giving me the opportunity to complete this book entitled Sociology and
Welfare Development. he publication of this book would not have
been possible without the guidance and knowledge wich I have acquired
from my honourable professors; Professor A.D Saefullah - University of
Padjadjaran and Professor Abd. Hadi Zakaria - University of Malaya. I
would also like to dedicate this book to my beloved wife, Tuty Tohri and
our lovely children Tofan Rakhmat Zaky, Forina Lestari, Fitaha Aini and
Tamal Arief Ihsan - their support in my life.
he publication of this book would not be possible without the
assistance and cooperation that we have received over the years from
the many individuals and organization in various parts of the world.
In particular, we wish to thank our team, all authors - Department of
Sociology Padjadjaran University and Universiti Sains Malaysia. Specially
thanks especially to Ali Maksum for his excellent assistance during the
editorial process of this book. Dr. Arry Bainus the Dean of Faculty of
Social and Political Sciences, Padjadjaran University. All of my MastersPhD students and colleagues at Padjadjaran University as well as USM
whom I would like to thanked for providing continuous support towards
my success.
Wassalam.
Muhamad Fadhil Nurdin
Sociology and Welfare Development
ix
x
Sociology and Welfare Development
foreword
Dr. Afriadi Sjahbana Hasibuan, MPA, M.Com (Ec)
Head of Research & Development
Ministry of Home Afairs, Republic of Indonesia
First of all, I am honored to write this foreword and to give my
warm endorsement to this book edited by my colleague Muhamad Fadhil
Nurdin, Ph.D. In my point of view, Indonesian harmony is urgent and
should be achieved soon. he government and all stakeholders are pushed
to react and formulate a strong policy to reach the national goals.
his book provides a comprehensive assessment regarding sociology
and welfare development discourses with a new paradigm and approaches
to build Indonesian future. his compilation chapter divided into ifteen
chapters, conclusion and also given constructive policy recommendations.
Although, all authors in this book are depart from various background
and issues, yet they produce and extent some challenges should become
serious attention especially the government. I can argue that this book is
very multidisciplinary and discussed from various angle.
Personally, as practitioner and based on my professional experiences,
I am strongly recommend this book to be read speciically by civil servant,
professional, academicians and those who engage in the social welfare
tasks. One of the important recomendation given by this book is a good
public policy totally need tough cooperation among individuals, groups,
and institutions. I am also impressed that this book which emphasized on
Sociology and Welfare Development
xi
welfare development discourses is smartly promoting the ideas of “spiritual
development” which in some extent isolated from main discussion. his
is important and also to alerting as well as to underscore that Indonesia
is a religious country.
Finally, I am pleased to congratulate to Muhamad Fadhil Nurdin,
PhD which successfully publish this book and demonstrated that he
is a productive scholar. As academician, lecturer and researcher he has
more than thirty years professional experiences in the ield of social and
political sciences in Indonesia as well as recognized in the broad. I hope,
the collaboration between the agency of research and development in
the Ministry of Home Afairs of the Republic Indonesia with the Centre
for Socioglobal Studies - Padjadjaran University become more efective,
fruitful and sustain in the future.
hank you and Wassalam.
Jakarta, 2014
xii
Sociology and Welfare Development
introdUCtion
in the name of god, the most gracioeus, the most merciful
his book provides a thematic issues and challenges in the new era,
sociology to develop human welfare. he main objective of the Sociology
and Welfare Development is to present an integrated analysis of how
the discipline of sociology can contribute to our wider understanding
of the variety of welfare development issues, practices and institutions
approachs, policies and philosophy wich exist in our society and countries.
his explanatory chapters expected to examine and understand as well as
ofer choices for human beings in the dinamics world to build a human
welfare.
his book depart from the point of view that sociology is as applied
social science can contribute to the development of human life through
many perspectives. he various theme have been selected are discussed
from philosophy to policy models. Each chapter attempt to understand
with a core idea namely welfare development.
In the irst chapter, the main theme related to welfare development
is regarding the global presence in knowledge body. In this chapter
demonstrate that there have gap and diferences between modern and
spiritual concept of welfare development. Chapter two focus on poverty
phenomena in Indonesia as a serious problem. Some have observed
that poor family are marginalized and obtain small attention, while
many also has seen that the problems are the policy makers. It has to
recognized that some assistants and stimulus packages has given by
government to the poor family. However, it has to recognized also that
there were existed some problems regarding inefective management,
Sociology and Welfare Development
xiii
policy implementation, bureaucracy and corruption. Yet, all indicates
that Indonesian government has taken a serious strategic action in order
to struggle to eradicate poverty as well as eradication policy against
chronic of corruption. Related with poverty phenomena, in the chapter
nine, concern on historical and inherited problems such as the disabled
people, the pursuit of full employment in urban areas and overstaing
in the public sector, were important causes for urban poverty. However,
these historical problems did not result in serious poverty under the well
planned economic system. he number of poor people inherited from
the previous period was also relatively small.
In the third chapter focus on human geography and planning as part
of human life. Sociologically, this study concludes that the relationships
between two adjacent metropolitan centres are two geographical
phenomena occurred in the Jakarta-Bandung Mega-Urban Region
(JBMUR). However, a rapid urbanization process has also been occurring
in the corridor area between both metropolitan centers. here are both
direct and indirect relations between these two geographical phenomena
which inally lead to the emergence of the Jakarta-Bandung mega-urban
region. In the fourth chapter, that in addition, the struggle of urban poor
communities in Malaysia for housing and land rights is closely related
to the development and history of the country. After the British colonial
period, Malaysia’s priority was to develop its economy by focusing on
the manufacturing and export industry in urban areas. his resulted
when people from rural areas migrating from village to the city, in search
of opportunities and to ill the workforce demand. Most of the urban
migrants would build their own house near the manufacturing factories,
because the surrounding lands were unoccupied and unused. With hard
work and their own resources they would clean the area (wilderness) and
build houses; this would encourage the development in the area and
hence they are known as urban pioneers.
In the ifth chapter the author analyzes the social-welfare fund
called Baitul Mal wat Tamwil (BMT). he authors believe that BMT in
particular and microinance institutions in general is one of the social
welfare movement, getting stronger if you see the development of BMT
in Indonesia, as have been reported by Reuters. he growth of Islamic
microinance institutions (LKMS) in Indonesia is increasingly signiicant.
he main objective of the micro and super micro which is generally being
located in rural areas, LKMS transformed into a small people mover a
tough economy. Currently, there are about three million customers who
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Sociology and Welfare Development
obtained inancial assistant from micro LKMS or BMT.
Chapter six examines the environmental destruction of young
generation to protect and conserve the natural environment. As such,
the key actors in engaging youth participation in environmental action,
be it the government, non-governmental organizations (NGO’s) or
the community, should address the multi-dimensional issues that are
obstacles towards the involvement of the young and come up with
strategies to develop a more intrinsically-motivated participation.
Generally, environmental awareness among youth worldwide is at an
adequate level but it is the translation into action that is still lacking. A
review of the implementation strategies of current environmental action
programs involving youth should be done by the respective organizers
in order to create programs that are fun, hands-on and allows as well
as entrusts youth to apply their environmental knowledge and personal
skills to make key decisions for the future of then environment which
they shall inherit from the present. Hence, there is a need to move
beyond the present, traditional top-down institutionalized approach of
implementing programs towards a more dynamic and lexible approach
in which youth are viewed stakeholders, knowledge sharers and leaders,
and not mere passive participants who carry out the aims dictated by the
organizers.
concentrates on socio-cultural diferences between
hometown and destination areas of Indonesian migrant workers and the
impact towards their health condition. It involves the diferences physical
environment, social, and culture. he diferences of physical environment
involve climate change as well as socio-culture between hometown (Peteuy
Condong Village) and destination (Saudi Arabia). hese diferences
inluence towards the workers health condition related job. Social
diferences are related with social economic status between employers
and workers, that impact to the mental depression of the workers.
Culture diferences are cultures diferentiation between hometown and
destination country. Arabian cultures are introvert and over protected. It
emerge diiculties to access health services. While in the chapter eight,
discuss speciic theme about how to develop any rural community it can
be achieve through the dissemination on the importance of education to
all family members in the rural area. his method is expected to transform
the communities towards appreciating education better. he recognition
of society towards education only, is not enough to enhance the living
standards. Yet, it should be incorporated a the positive attitudes of the
Chapter seven
Sociology and Welfare Development
xv
rural community towards education as a strategy for improving life. At
the same time, the delivery system of the education programs must be
enhanced and it is all depend on the commitment of the school and
teachers of the rural schools as well.
Finally, the last chapter focus on the incidences of child marriage are
no longer pertinent only for less developed country; it actually happens
extensively in diferent parts of the world. Due to psychological and
biological immaturity, children are insuiciently mature to make an
informed decision about a life partner.
his book examines the welfare development issues in the broader
“sociology of welfare development” perspective. It is compiled from
travelers and knowledge experiences in international seminars, talks and
forum of researchers, supervisions and other discussion with my PhD and
Master students. hat experiences, together with their personal values and
interests extremely inluence to all authors in this book. Personally, I hope
that those who engage and read this book will obtain fruitful knowledge.
All errors are the author’s responsibility.
Wassalam.
Muhamad Fadhil Nurdin
xvi
Sociology and Welfare Development
Chapter
9
Child Brides, Not Our
Pride: Looking into Child
marriage incidences in malaysia
Mitshel Lino, Muhamad Fadhil Nurdin and
Azlinda Azman
Readers guide
his chapter focus on the incidences of
child marriage are no longer pertinent only
for less developed country; it actually happens
extensively in diferent parts of the world. Due
to psychological and biological immaturity,
children are insuiciently mature to make an
informed decision about a life partner. his
article presents the situation in Malaysia, many
cases of child marriages were highlighted in
the media including those child rape disguised
as child marriages. he causes, reasons and
consequences of child marriage based on ield
research by the author are explored.
Child Brides, Not Our Pride
143
what is Child marriage
Child marriage is deined as a formal marriage or informal union
solemnized before the age of 18. Historically, it is a common phenomenon
worldwide for various reasons that surround trade, culture, traditions,
alimony, dowry and others, and most often occurs in poor, rural
communities. Today, child marriages are fairly widespread in diferent
parts of the world, not necessarily just prevalent in less developed countries
around the world.
he Convention on the Rights of the Child (CRC) to which
Malaysia is a State Party considers a person below the age of eighteen
to be a child and therefore, entitled to special safeguards and care,
including appropriate legal protection, by the state. When someone is
a child, he/she cannot be considered to be suiciently mature to make
an informed decision about a life partner. his, in turn, means that a
marriage attempted between parties one of whom is a child cannot be
considered to have obtained the “full and free consent” of each parties.
he Malaysian government maintains its reservation to Article 16 (2) of
CEDAW which states: “he betrothal and the marriage of a child shall
have no legal efect, and all necessary action, including legislation, shall be
taken to specify a minimum age for marriage and to make the registration
of marriages in an oicial registry compulsory.”
Situation in malaysia
In Malaysia, child marriages are prevalent despite fairly high
achievements of women in the socio-economic aspects especially in terms
education. According to the Malaysian Census 2000, for example, an
estimated 6,800 girls below the age of ifteen were recorded as married.
Several cases of such marriages amongst Muslims were highlighted
in the media. In 2010, at least two cases appeared in the Malaysian media
featuring the allegedly forced marriages of pre-teen girls to men aged over
40. In July 2012, news on the internet showed a video of a young couple,
the male aged 16 and the female aged 14, getting married in a religious
and customary ceremony. Alternatively, there are more worrisome cases
of child marriages that were solemnized to cover up child rape, which are
discussed in the following:
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Sociology and Welfare Development
Child rape disguised as Child marriage
Several real life cases of Child Marriage as appeared in the media
were discussed in the following. Speculation indicated that marriage was
conducted as an attempt to escape statutory rape as stated in Section
375(g) of the Penal Code (Act 574) in which sexual intercourse with a
girl with or without her consent when she is under 16 years of age an
ofence of statutory rape. Marital rape, however, is not criminalized in
Malaysia.
First case that happened in 2013:
13-year-old rape victim was still unwilling to testify. Prosecution
team would have to depend on other forms of evidence such as DNA,
reports from JKM (Social Welfare Department) and reports from the
investigating oicer, as well as the victim’s Facebook accounts, which as
of yet have not been obtained.
here was also apparently a witness to the crime - a friend of the
victim was sitting in the back of the car but no testimony has been
obtained yet. he rapist, Riduan Masmud, is a father of 4 children by his
irst wife. he State Deputy Public Prosecutor, Ahmad Nazmeen Zulkili
says he has no rejections in regards to pulling back the case since the
victim had already retracted the police report she made.
Father of the rape victim was apparently given RM 5,000 as ‘Sogit’,
a form of compensation under the native law or Sabah customs but it
was found that there was no such rule under the concerned Customary
Court. here is a dedicated team investigating this issue. he attorney
general instead says this could be a form of bribe. He asks for the SPRM
(Malaysian Anti-Corruption Commission) to be a part of the investigation.
(source: http://www.utusan.com.my/utusan/Dalam_Negeri/20130522/
dn_31/Kes-rogol-bawah-umur-di-Sabah-tak-pernah-digugur---PeguamNegara)
Second case that happened in 2013:
Syariah lawyers from the Syariah Lawyers Association urge Syariah
authorities the Islamic afairs authorities to charge the 40-year-old man.
Sexual intercourse outside marriage is considered an act of adultery under
Syariah laws, even if the girl consented to it.
Child Brides, Not Our Pride
145
“We urge the Syariah authorities to do the necessary to charge the
wrongdoer as a lesson that marriage is not a way out for adultery or rape,”
said Syariah Lawyers Association secretary-general Moeis Basri. He said
under syariah laws, sexual intercourse outside marriage is considered an act
of adultery even if the girl consented to it. Moeis said the man also needed
to get the consent of the girl’s legal guardian as well as permission from
the Syariah Court before marrying the child as she is below 16 years old.
he case hearing is set from July 1 to July 4. (Source: http://thestar.com.
my/news/story.asp?ile=/2013/5/22/nation/13142632&sec=nation).
malaysian Laws that regulate marriage and Child
marriage Prohibition
When looking at diferent alarming cases of child marriages above,
one cannot help but wonder if there is any law that regulate such marriage
in Malaysia. In terms of civil law, a reformed legislation was enacted;
the Law Reform (Marriage and Divorce) Act 1976 which contains a
stipulation for a minimum age of marriage at 18 years old, applicable
to both female and male parties (see section 10 of the Act). he law,
however, authorizes the state (through the power given to the Chief
Minister of each state) to grant a license for a female person not below
the age of sixteen to contract a marriage. No similar power is given to
grant such license to a male person.
However, the Syariah law, depending on the States, stipulated
diferent age requirement. If request for a marriage whereby the proposed
groom is below eighteen years of age or the proposed bride is below the
age of sixteen, may be approved depending upon the written permission
from the Syariah judges under various circumstances. his provides a
loophole in which many cases of underage marriages may still be approved
and took place especially among the Muslim Malaysians.
reasons for Such marriage
Despite attempts by the Malaysian government, enactment of laws
and regulation to deter the incidents of child marriage, plethora of such
cases kept reoccurring, whether or not they are reported in the media or
went underground. herefore, obtaining accurate data on the incidence
of child marriage is diicult. he accurate accounts on the incidence and
reasons were often obscured or sometimes, even distorted for various
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Sociology and Welfare Development
reasons, such as: unregistered/unoicial customary marriages, “saving”
family’s face, creating media sensation and controversy, and others.
In real life, based on the ield research experience conducted by the
author looking at the phenomena of Child marriage in diferent states in
West Malaysia, several indings surfaced:
Most cases of child marriage were registered. However, there were
exceptional cases whereby the marriages were not registered because
of lack of knowledge/ information about marriage registration, long
distance travel between the couple’s residence to the local registrar oice
or parents’ disapproval of the marriage. hose non-registered marriages,
however, were at least solemnised in the house of worship.
Among the Malay communities, child marriages occurred mainly due
to poor inancial situation at home that forced the bride’s parents to marry
of their daughter, dating prior to marriage whereby the parents suspected
that the couple have been intimate/ close and therefore marriage is the
answer to prevent “khalwat” or indecent behaviour between members of
opposite sex who are not legally bound by marriage or premarital sex
Among the Indian communities, several factors such as poor inancial
situation, parents busy working, sometimes struggling with two odd jobs
and ended up neglecting their children who ended up misbehaving,
mixing with bad company, dealing drugs, committing premarital sex
Among the orang asli communities, the practice child marriage
happened naturally among them. As many of them live in close-knitted
community, every family members can help to inancially, morally and
socially support the newly-wed couple and take care of their children
According to an account from the director of Centre of Orang Asli
Concern (COAC), Dr. Colin Nicholas, for them getting married is akin
to the modern society practice of dating. Majority of them live in a closeknit community, therefore they can easily access family, social, inancial
and childcare support needed to sustain their marriage from their nextof-kin.
Aside from the situation among the orang asli community, in
general, the practice of child marriage in other communities are frowned
upon especially when the marriage was conducted due to pregnancy
out of wedlock or suspected practice of shamanism (unnatural cause)
that triggered the children’s desire for getting married early. Due to such
reasons, some communities declined to be interviewed by the author,
Child Brides, Not Our Pride
147
citing embarrassment and intention to face saving as reasons for rejection
to provide their accounts on child marriage.
Even in cases where child marriages were successfully carried out,
there were several opposition expressed towards the conduct of child
marriage. he opposition expressed by the parents was such that the
children are too young; they would like their children to complete their
education to at least SPM level for better future, or worried that the
young couple might not be able to inancially support their household
after marriage. Albeit these views were only expressed after the children
had been married and struggled with inance/ child rearing.
Meanwhile, the opposition expressed by the school principal/ teachers
of those parties involved in child marriage was such that they perceived
the students who got married early posing negative inluences to the
other students in the same school. Examples of negative inluences: other
students learnt about sexual experience from the young couple, or worse,
imitated the young couple’s move to get married early. Consequently,
many schools oicial refrained/ prevented the young couple from reattending school after marriage/ pregnancy.
Consequences of Child marriage Cases in real Life
hose cases of child marriage that took place resulted in both
positive and negative ways. For those communities who embraced it, the
marriages were regarded as blessings to the couple who raised big family
and witnessed the growth of their grandchildren at young age at their
40s.
On the other hand, not every community saw the silver lining of
child marriage. In fact, many of them continued to regret the decision
for various reasons. In terms of social welfare, many of them did not
continue their education and ended up with low paying job resulting
from low education status. Financial struggle was cited as the main issue
faced by the young couple when dealing with their household expenses.
Psychologically, many of them were not mature enough to adjust to
marriage life, handle the marital conlict, or cope with child bearing
responsibility. In terms of health, miscarriages and birth complication
occurred to some of them due to the girls’ biological condition that
was simply not ready for child bearing and child birth. Altogether,
these compounding efects thwarted several of such marriages to end
up in divorces. In addition, for those couples who did not register their
148
Sociology and Welfare Development
marriages, their children will face diiculty in gaining their basic rights
such as healthcare service and education. hese are just some of the dire
consequences resulted from child marriage.
future implication
Looking at many detrimental consequences of child marriage
listed above, and the prevalence of many child marriage cases that still
remain underreported and under-examined, widespread campaigns and
concrete actions are needed to raise awareness on this issue and to deter
the occurrence of child marriage in various communities in order to save
the children’s future .
References
Convention on the Elimination of All Forms of Discrimination Against
Women (1981). Retrieved from http://www.hrcr.org/docs/ CEDAW/
cedaw6.html
Department of Statistics Malaysia, Oicial Portal (2000). Retrieved from
http://www.statistics.gov.my/portal/
he Commissioner of Law Revision, Malaysia (1976). Act 164 law reform
(marriage and divorce) Act 1976. Retrieved from http://www.jafbase.
fr/docAsie/Malaisie/Mariage&Divorce.PDF
he Commissioner of Law Revision, Malaysia (1984). Act 303 - Islamic
family law (Federal Territories) act 1984. Retrieved from http://www.
agc.gov.my/Akta/Vol.%207/Act%20303.pdf
he Commissioner of Law Revision, Malaysia (1997). Penal code act
574. Retrieved from http://www.agc.gov.my/Akta/Vol.%2012/ Act%
20574.pdf
he Star Online (2013). Court extends bail of restaurant manager accused
of raping girl. Retrieved from http://thestar.com.my/news/ story.
asp?ile=/2013/5/22/nation/ 13142632&sec=nation
United Nations Children’s Fund (2014). Child protection from violence,
Child Brides, Not Our Pride
149
exploitation and abuse. Retrieved from http://www.unicef.org/
protection/57929_58008.html
United Nations Human Rights (1990). Convention on the rights of the
child. Retrieved from http://www.ohchr.org/en/ professionalinterest/
pages/crc.aspx
Utusan Online (2013). Kes rogol bawah umur di Sabah tak pernah digugur Peguam Negara. Retrieved from http://ww1.utusan.com. my/utusan/
Dalam_Negeri/20130522/ dn_31/Kes-rogol-bawah-umur-di-Sabahtak-pernah-digugur---Peguam-Negara#ixzz3OfCV9SxW
150
Sociology and Welfare Development
Chapter
10
Concluding
Remarks
Muhamad Fadhil Nurdin
his book is about sociology and welfare
development discourse. he contributions in
this book depict variegated and vivid picture
of the issues in various context. his short
concluding chapter seeks to discuss these
contributions by linkaging some potential
issues. In this section, I need to re-emphasized
here that the discussion of this book are
various such as sociology of philosophy,
information technology and communication,
culture, politics, geography, poverty and
social development and housing, health and
social welfare, environmental and youth,
media policy and social problems.
Regarding the main task of sociologist
as the major theme of this book, requires the
Sociology and Welfare Development
151
cooperation among individuals, groups, and institutions. hus, this book
suggest two main recommendations namely;
• First, academic and research institutions, especially in the ield
of sociology and welfare development have to work together in
promoting the ideas of “spiritual development” through some
activities such as seminars, conferences and publications based
on the two major themes, “welfare” and “development” as a
holistic approach.
• Second, it is need to identify multi-scholarship, especially social
scientist and Islamic scholars to develop a new paradigm and
practices of welfare development.
Further, some recommendation depart from various themes are
going to demonstrate in the following paragraphs.
he welfare development model is constructed and closely related
to the professionalism. Islam as a source for mercy the entire universe,
can provide a guidance on spiritual, physical, cognitive, psychological
and social needs (Barise, 2004). Cooperation is a critical concept to
improve the welfare of society. All elements determine the achievement
of development based on the aspirations of the people (see, Chapter 1).
In the diferent aspect, Indonesian government should have a
brilliant way to manage money properly in order to eradicate poverty.
First of all, corruption eradication has to be more maximized in all
sectors. Secondlly, efective bureaucracy. Indonesian government should
have a special body to handle poverty programmes. he establishment
of a main body which focus on poverty eradication may be rationable.
Although, all programmes of all departments are pro-poor, yet it is better
to give a mandate to a special poverty body. he current situations are
diferent where many programmes run by many government bodies,
inefective and of course it is very risk to be manipulated and corrupted
(see, Chapter 2).
he intensifying relationship between Bandung and Jakarta indeed
has been inluencing the development of the corridor area and lead to
the emergence of the JBMUR. he intensifying relationships between
both metropolitan centers afect informal and formal sector of activities,
including household industries and trade areas alongside the major axis of
152
Sociology and Welfare Development
the corridor area. Further, this inluence was becoming more pronounced
after the construction of the Cipularang toll road, which favored all kinds
of formal sector developments in Purwakarta. Housing developments,
the construction of infrastructures and public facilities, and the growing
numbers of commuters have strongly shaped this process. To some extent,
the intensifying relationships between the two major centers has also
enabled industrial developments in the corridor area, albeit indirectly
because most of this development is due to international factors. In
the end, all these processes have also been inluencing the socio-spatial
structure of the corridor area (see, Chapter 3).
For a betterment of arrangement on coping strategies for urban poor
housing in Penang, social support and policies are need to be implemented
as soon as possible. Under this arrangement, state government could
efectively decentralize the social welfare services to the sub-potential
parties. In this, perhaps it will minimize the burden and the functions of
state government and can focus more related to production management
than service provision. With the introduction of the arrangement, welfare
provision by work units will reduce substantially in order to improve
production of urban poor housing efective and eiciently. Furthermore,
public policy can make a radical diference. Unlocking land banks for
afordable housing is critical to reducing the price of houses for the urban
poor, whom are increasingly being driven out of the city environs. Beyond
supply of house, government enforcement of existing laws against house
proiteering would be a valuable start and long-term home mortgage
inance for the urban poor a breakthrough (see, Chapter 4).
Presenting an islamic social-welfare organization call bmt,
the author in the chapter eleven highlighted the role, contribution and
dynamics of the body. Furthermore, the author argues that sociologically,
the social movement lead by BMT tremendously waves throughout
Indonesia. Social movements are collective actions that are loosely
organized, without any institutionalized way to produce a change in their
societies (Sztompka, 2004) (see, Chapter 5).
Topic about youth participation, the author stressed that a key
element of internally-motivated participation is when the challenges are
personally challenging for the participant itself. Hence, environmental
programs should connect their causes with the personal goals of its
participants and allow them to develop skills that allow them to meet
Sociology and Welfare Development
153
these challenges. his would then compel them to continue their
engagement in a program and develop higher level skills to meet more
advanced challenges (see, Chapter 6).
he government’s respond to the other aspect also under scrutinize.
For instance, regarding to indonesian foreign workers, the author
recommend government to;
1. To improve health services for migrant workers, since placement
time and after they return to the hometown;
2. To train the workers before their departure about environment
aspect, condition of health, social and cultures in the destination
countries;
3. To conduct a comprehensive research on strategy of workers
adaptation (see, Chapter 7).
Meanwhile, this chapter dicuss about education issue in Malaysia
concludes that to develop any rural community it can be achieve through
the dissemination on the importance of education to all family members
in the area. his method is expected to transform the communities
towards appreciating education better. he recognition of society towards
education only, is not enough to enhance the living standards. Yet, it
should be incorporated a the positive attitudes of the rural community
towards education as a strategy for improving life. At the same time, the
delivery system of the education programs must be enhanced and it is
all depend on the commitment of the school and teachers of the rural
schools as well (see, Chapter 8).
he cases of child marriage become a serious attention of the author
in the chapter ifteen. his chapter reveals that many of them continued
to regret the decision for various reasons. In terms of social welfare, many
of them did not continue their education and ended up with low paying
job resulting from low education status. Financial struggle was cited
as the main issue faced by the young couple when dealing with their
household expenses. Psychologically, many of them were not mature
enough to adjust to marriage life, handle the marital conlict, or cope
with child bearing responsibility. In terms of health, miscarriages and
birth complication occurred to some of them due to the girls’ biological
condition that was simply not ready for child bearing and child birth.
154
Sociology and Welfare Development
hese compounding efects thwarted several of such marriages to end
up in divorces. In addition, for those couples who did not register their
marriages, their children will face diiculty in gaining their basic rights
such as healthcare service and education. hese are just some of the real
consequences resulted from child marriage (see, Chapter 9).
Finally, to summarize, this concluding chapter argues that all
chapters are given constructive policy recommendation. Although, all
are depart from various background and issues, yet they produce and
extent some challenges should be being serious attention especially by
the government. Without any concern and action from the parties, this
scientiic research along with the knowledge and recommendation can
only become a paper and then as rubbish.
Wassalam.
Muhamad Fadhil Nurdin
Sociology and Welfare Development
155
DEVELOPMENT
Edited by:
Muhamad Fadhil Nurdin
Centre for Socioglobal Studies
Padjadjaran University
Foreword by:
Dr. Afriadi Sjahbana Hasibuan, MPA, M.Com (Ec)
Head of Research & Development
Ministry of Home Afairs, Republic of Indonesia
SOCIOLOGY AND WELFARE DEVELOPMENT
© 2015 Muhamad Fadhil Nurdin et. al.
First Published May, 2015
Published By
Centre for Socioglobal Studies
Padjadjaran University
In Cooperation With
Penerbit Samudra Biru (Member of IKAPI)
Jomblangan Gg. Ontoseno Blok B No 15 Rt 12/30
Banguntapan Bantul Yogyakarta Indonesia 55198
Telp. (0274) 9494 558
E-mail/FB: psambiru@gmail.com
ISBN: 978-602-9276-56-5
All rights reserved. No part of this book may be reprinted or
reproduced or utilised in any form or by any electronic,
mechanical, or other means, now known or hereafter
invented, including photocopying and recording, or in any
information storage or retrieval system, without permission in
writing from the publishers.
ii
Sociology and Welfare Development
CONTENTS
Contents ...................................................................................
iii
List of Contributors .................................................................
v
Acknowledgement ....................................................................
ix
Foreword ..................................................................................
xi
Introduction .............................................................................
xiii
Welfare Development: Meanings, Issues and
Challenges
Muhamad Fadhil Nurdin .................................
1
Poverty and Social Development
Muhamad Fadhil Nurdin, Ali Maksum, Indri
Indarwati ........................................................
19
The Emergence of Jakarta-Bandung MegaUrban Region and Its Future Challenges
Agung Mahesa Himawan Dorodjatoen,
Forina Lestari and Muhamad Fadhil Nurdin ....
39
Development for Urban Poor Housing
Mohd Haizzan Yahaya, Muhamad Fadhil
Nurdin, Hery Wibowo and Mohd Tauik
Mohammad .....................................................
69
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Sociology and Welfare Development
iii
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Chapter 9
Chapter 10
iv
Baitul Mal wat Tamwil: a Sociological
and Social Welfare Movement ?
Hery Wibowo & Muhamad Fadhil Nurdin ........
Environmental Participation among Youth:
Challenges, Issues and Motivating Factors
Lim Jen Zen & Muhamad Fadhil Nurdin .........
79
97
Indonesian Workers Health Condition:
A Sociological Analysis
Bintarsih Sekarningrum, Desi Yunita
and Muhamad Fadhil Nurdin ........................... 125
he Delivery System of Education Programs
Mahathir Yahaya, Ali Maksum,
Muhamad Fadhil Nurdin and Azlinda Azman ... 135
Child Brides, Not Our Pride:
Looking Into Child Marriage Incidences in
Malaysia
Mitshel Lino, Muhamad Fadhil Nurdin and
Azlinda Azman ................................................
143
Concluding Remarks
Muhamad Fadhil Nurdin .................................. 151
Sociology and Welfare Development
LiSt of ContribUtorS
Agung Mahesa Himawan Dorodjatoen, is a PhD candidate at West
Australia University, Perth – Australia. He is a Planning Staf, Directorate
of Spatial Planning and Land Afairs, Indonesia National Development
Planning Agency (Bappenas). He is a Best Graduate Student in Regional
and Planning Department, Bandung Institute of Technology (2006)
and Utrecht Excellence Scholarships Awardee 2007-2009 on Research
Master Human Geography & Planning, Faculy of Geoscience, Utrecht
University.
Ali Maksum, is a Ph.D candidate at the Centre for Policy Research
and International Studies (CenPRIS), Universiti Sains Malaysia, Penang.
His current project is about the Indonesia-Malaysia relations from
defensive realism perspective. He has written articles have been published
in such publisher as Kajian Malaysia: Journal of Malaysian Studies,
Springer (ISI), Indonesia national newspapers and conferences.
Azlinda Azman, Ph.D is an Associate Professor and Head of Social
Work Programme at the School of Social Sciences, Universiti Sains
Malaysia (USM), Penang, Malaysia. She is also the Convenor of the
AIDS Action and Research Group (AARG), USM. She was a Fulbright
Scholar and obtained her Doctor of Philosophy (Ph.D) degree in Clinical
Social Work from New York University. Her ields of expertise include
social work education and practice, theory and methods in social work
and social work research. Her areas of research interest include poverty,
Sociology and Welfare Development
v
HIV/AIDS and drug related issues.
Bintarsih Sekarningrum, a leturer at Social Welfare Departement
in Social and Political Sciences Faculty, University of Padjadjaran. She
obtained Bachelor degree, master degree and Doctoral degree from
University of Padjadjaran. Some scientiic papers had been published
at national or international level. Currently, he is focusing on waste
management problem in society who life near the Cikapundung river at
Bandung City.
Desi Yunita, oicially join the Departemen of Sociology at Social
and Political Science Faculty University of Padjadjaran since 2014. She
got Magister degree in Sociology also from University of Padjadjaran and
focusing the research on development and environmental problem.
Forina Lestari, obtained B.Sc.Eng. (ITB, 2006), MSc in Housing,
School of Housing, Building and Planning, University of Science Malaysia
(USM, 2008). Lecturer at Indonesian Institute of Technology (ITI). She
has published a book: Alam Takambang Jadi Guru: Merajut Kearifan
Lokal dalam Penanggulangan Bencana di Sumatera. Consultant and
expertise at Directorate of Rural and Urban Afairs, Indonesia National
Development Planning Agency (Bappenas) and Directorate General of
Spatial Planning, Ministry of Public Works (2013), Directorate General
of Regional Development Assistance, Ministry of Home Afairs and
Expert, Deputy of the Area Development, Ministry of Public Housing
(2012), Expert Staf, Commission V (Infrastructure), he Indonesian
House of Representatives (DPR, 2011). Junior Expert, Directorate of
Rural and Urban Afairs, Indonesia National Development Planning
Agency (Bappenas, 2010).
Hery Wibowo, S.Psi, MM, PhD is a leturer at Departement of Social
Welfare Faculty of Social and Political Science, Padjadjaran University.
Indri Indarwati, is PhD candidate in Social Work at Universiti Sains
Malaysia (USM). Since 1999 she has been attached as a civil servant in
the Ministry of Social Afairs. Her research areas are study of social work,
gender and community development.
vi
Sociology and Welfare Development
Mitshel Lino is a Master of Social Sciences (Psychology) candidate
under the supervision of Assoc. Prof. Dr. Intan Hashimah Mohd
Hashim from the Department of Social Work, Universiti Sains Malaysia.
Her research interest surrounds the ield of Social Psychology. She was
a Graduate Assistant, serving as a Psychology tutor in the university.
She was invited to the Golden Key International Honour Society for
academic excellence and awarded Second Upper Class Honours from her
undergraduate. Her past researches included the area of Multicultural
Psychology and Child Marriage in Malaysia, collaboration project with
UNICEF.
Mohd. Haizzan Yahaya MSW is Ph.D scholars from University
Sains Malaysia. He is currently researching on Urban Poor Housing
and being supervised by. Muhamad Fadhil Nurdin, PhD and associate
professor Azlinda Azman, PhD
Mohd Tauik Mohammad is a Ph.D scholar at the Social Work
Programme, School of Social Sciences, Universiti Sains Malaysia. His
current Ph.D studies regarding on Specialization Social Work, Forensic
Social Work/Victims’ Studies/Restorative Justice, being supervised by
associate professor Azlinda Azman, PhD.
Muhamad Fadhil Nurdin, MA and Ph.D. from University of
Malaya. He is a leturer at Departement of Social Welfare (1982-2011)
and Departement of Sociology (2011-present), Head Departement
of Sociology in Faculty of Social and Political Science, Padjadjaran
University (2014- present). Visiting Associate Professor at University
of Malaya (2008) and Visiting Associate Professor at Univerisiti Sains
Malaysia (2012- present).
Tia Devianty, S.IP., MPA, is a PhD candidates at Universitas
Padjadjaran, and a master’s degree graduate from Public Policy, Faculty
of Public Policy and Management, Flinders University, Australia. Now,
a lecturer at Ahmad Yani University, Bandung - from september 1996
– present Teaching, Researching, and Public Servicing. Current Researches
are mainly about Capacity Building For Decentralization (2008-now).
Sociology and Welfare Development
vii
Current Public Services are Facilitator, Comprehensive Maternal Village
Program in West Java, West Java Province Health Department (2006 –
2008), Facilitator for Sustainable Capacity Building for Decentralization
(SCBD) Project in Bau-bau City and Buton Regency (2008 – 2012),
District Advisory Team Capacity Building Program Minimum Service
Standard Basic Education at Sorong West Papua (2014-2016), tdevianty@
rocketmail.com.
Tofan Rakhmat Zaky, S.Ip MA is a researcher at the Department of
International and Strategic Studies, Universiti Malaysia, Kuala Lumpur.
He is activist in Art Movement in Malaysia.
viii
Sociology and Welfare Development
ACknowLedgement
Alhamdulillah. hanks to Allah SWT, whom with His willing
giving me the opportunity to complete this book entitled Sociology and
Welfare Development. he publication of this book would not have
been possible without the guidance and knowledge wich I have acquired
from my honourable professors; Professor A.D Saefullah - University of
Padjadjaran and Professor Abd. Hadi Zakaria - University of Malaya. I
would also like to dedicate this book to my beloved wife, Tuty Tohri and
our lovely children Tofan Rakhmat Zaky, Forina Lestari, Fitaha Aini and
Tamal Arief Ihsan - their support in my life.
he publication of this book would not be possible without the
assistance and cooperation that we have received over the years from
the many individuals and organization in various parts of the world.
In particular, we wish to thank our team, all authors - Department of
Sociology Padjadjaran University and Universiti Sains Malaysia. Specially
thanks especially to Ali Maksum for his excellent assistance during the
editorial process of this book. Dr. Arry Bainus the Dean of Faculty of
Social and Political Sciences, Padjadjaran University. All of my MastersPhD students and colleagues at Padjadjaran University as well as USM
whom I would like to thanked for providing continuous support towards
my success.
Wassalam.
Muhamad Fadhil Nurdin
Sociology and Welfare Development
ix
x
Sociology and Welfare Development
foreword
Dr. Afriadi Sjahbana Hasibuan, MPA, M.Com (Ec)
Head of Research & Development
Ministry of Home Afairs, Republic of Indonesia
First of all, I am honored to write this foreword and to give my
warm endorsement to this book edited by my colleague Muhamad Fadhil
Nurdin, Ph.D. In my point of view, Indonesian harmony is urgent and
should be achieved soon. he government and all stakeholders are pushed
to react and formulate a strong policy to reach the national goals.
his book provides a comprehensive assessment regarding sociology
and welfare development discourses with a new paradigm and approaches
to build Indonesian future. his compilation chapter divided into ifteen
chapters, conclusion and also given constructive policy recommendations.
Although, all authors in this book are depart from various background
and issues, yet they produce and extent some challenges should become
serious attention especially the government. I can argue that this book is
very multidisciplinary and discussed from various angle.
Personally, as practitioner and based on my professional experiences,
I am strongly recommend this book to be read speciically by civil servant,
professional, academicians and those who engage in the social welfare
tasks. One of the important recomendation given by this book is a good
public policy totally need tough cooperation among individuals, groups,
and institutions. I am also impressed that this book which emphasized on
Sociology and Welfare Development
xi
welfare development discourses is smartly promoting the ideas of “spiritual
development” which in some extent isolated from main discussion. his
is important and also to alerting as well as to underscore that Indonesia
is a religious country.
Finally, I am pleased to congratulate to Muhamad Fadhil Nurdin,
PhD which successfully publish this book and demonstrated that he
is a productive scholar. As academician, lecturer and researcher he has
more than thirty years professional experiences in the ield of social and
political sciences in Indonesia as well as recognized in the broad. I hope,
the collaboration between the agency of research and development in
the Ministry of Home Afairs of the Republic Indonesia with the Centre
for Socioglobal Studies - Padjadjaran University become more efective,
fruitful and sustain in the future.
hank you and Wassalam.
Jakarta, 2014
xii
Sociology and Welfare Development
introdUCtion
in the name of god, the most gracioeus, the most merciful
his book provides a thematic issues and challenges in the new era,
sociology to develop human welfare. he main objective of the Sociology
and Welfare Development is to present an integrated analysis of how
the discipline of sociology can contribute to our wider understanding
of the variety of welfare development issues, practices and institutions
approachs, policies and philosophy wich exist in our society and countries.
his explanatory chapters expected to examine and understand as well as
ofer choices for human beings in the dinamics world to build a human
welfare.
his book depart from the point of view that sociology is as applied
social science can contribute to the development of human life through
many perspectives. he various theme have been selected are discussed
from philosophy to policy models. Each chapter attempt to understand
with a core idea namely welfare development.
In the irst chapter, the main theme related to welfare development
is regarding the global presence in knowledge body. In this chapter
demonstrate that there have gap and diferences between modern and
spiritual concept of welfare development. Chapter two focus on poverty
phenomena in Indonesia as a serious problem. Some have observed
that poor family are marginalized and obtain small attention, while
many also has seen that the problems are the policy makers. It has to
recognized that some assistants and stimulus packages has given by
government to the poor family. However, it has to recognized also that
there were existed some problems regarding inefective management,
Sociology and Welfare Development
xiii
policy implementation, bureaucracy and corruption. Yet, all indicates
that Indonesian government has taken a serious strategic action in order
to struggle to eradicate poverty as well as eradication policy against
chronic of corruption. Related with poverty phenomena, in the chapter
nine, concern on historical and inherited problems such as the disabled
people, the pursuit of full employment in urban areas and overstaing
in the public sector, were important causes for urban poverty. However,
these historical problems did not result in serious poverty under the well
planned economic system. he number of poor people inherited from
the previous period was also relatively small.
In the third chapter focus on human geography and planning as part
of human life. Sociologically, this study concludes that the relationships
between two adjacent metropolitan centres are two geographical
phenomena occurred in the Jakarta-Bandung Mega-Urban Region
(JBMUR). However, a rapid urbanization process has also been occurring
in the corridor area between both metropolitan centers. here are both
direct and indirect relations between these two geographical phenomena
which inally lead to the emergence of the Jakarta-Bandung mega-urban
region. In the fourth chapter, that in addition, the struggle of urban poor
communities in Malaysia for housing and land rights is closely related
to the development and history of the country. After the British colonial
period, Malaysia’s priority was to develop its economy by focusing on
the manufacturing and export industry in urban areas. his resulted
when people from rural areas migrating from village to the city, in search
of opportunities and to ill the workforce demand. Most of the urban
migrants would build their own house near the manufacturing factories,
because the surrounding lands were unoccupied and unused. With hard
work and their own resources they would clean the area (wilderness) and
build houses; this would encourage the development in the area and
hence they are known as urban pioneers.
In the ifth chapter the author analyzes the social-welfare fund
called Baitul Mal wat Tamwil (BMT). he authors believe that BMT in
particular and microinance institutions in general is one of the social
welfare movement, getting stronger if you see the development of BMT
in Indonesia, as have been reported by Reuters. he growth of Islamic
microinance institutions (LKMS) in Indonesia is increasingly signiicant.
he main objective of the micro and super micro which is generally being
located in rural areas, LKMS transformed into a small people mover a
tough economy. Currently, there are about three million customers who
xiv
Sociology and Welfare Development
obtained inancial assistant from micro LKMS or BMT.
Chapter six examines the environmental destruction of young
generation to protect and conserve the natural environment. As such,
the key actors in engaging youth participation in environmental action,
be it the government, non-governmental organizations (NGO’s) or
the community, should address the multi-dimensional issues that are
obstacles towards the involvement of the young and come up with
strategies to develop a more intrinsically-motivated participation.
Generally, environmental awareness among youth worldwide is at an
adequate level but it is the translation into action that is still lacking. A
review of the implementation strategies of current environmental action
programs involving youth should be done by the respective organizers
in order to create programs that are fun, hands-on and allows as well
as entrusts youth to apply their environmental knowledge and personal
skills to make key decisions for the future of then environment which
they shall inherit from the present. Hence, there is a need to move
beyond the present, traditional top-down institutionalized approach of
implementing programs towards a more dynamic and lexible approach
in which youth are viewed stakeholders, knowledge sharers and leaders,
and not mere passive participants who carry out the aims dictated by the
organizers.
concentrates on socio-cultural diferences between
hometown and destination areas of Indonesian migrant workers and the
impact towards their health condition. It involves the diferences physical
environment, social, and culture. he diferences of physical environment
involve climate change as well as socio-culture between hometown (Peteuy
Condong Village) and destination (Saudi Arabia). hese diferences
inluence towards the workers health condition related job. Social
diferences are related with social economic status between employers
and workers, that impact to the mental depression of the workers.
Culture diferences are cultures diferentiation between hometown and
destination country. Arabian cultures are introvert and over protected. It
emerge diiculties to access health services. While in the chapter eight,
discuss speciic theme about how to develop any rural community it can
be achieve through the dissemination on the importance of education to
all family members in the rural area. his method is expected to transform
the communities towards appreciating education better. he recognition
of society towards education only, is not enough to enhance the living
standards. Yet, it should be incorporated a the positive attitudes of the
Chapter seven
Sociology and Welfare Development
xv
rural community towards education as a strategy for improving life. At
the same time, the delivery system of the education programs must be
enhanced and it is all depend on the commitment of the school and
teachers of the rural schools as well.
Finally, the last chapter focus on the incidences of child marriage are
no longer pertinent only for less developed country; it actually happens
extensively in diferent parts of the world. Due to psychological and
biological immaturity, children are insuiciently mature to make an
informed decision about a life partner.
his book examines the welfare development issues in the broader
“sociology of welfare development” perspective. It is compiled from
travelers and knowledge experiences in international seminars, talks and
forum of researchers, supervisions and other discussion with my PhD and
Master students. hat experiences, together with their personal values and
interests extremely inluence to all authors in this book. Personally, I hope
that those who engage and read this book will obtain fruitful knowledge.
All errors are the author’s responsibility.
Wassalam.
Muhamad Fadhil Nurdin
xvi
Sociology and Welfare Development
Chapter
9
Child Brides, Not Our
Pride: Looking into Child
marriage incidences in malaysia
Mitshel Lino, Muhamad Fadhil Nurdin and
Azlinda Azman
Readers guide
his chapter focus on the incidences of
child marriage are no longer pertinent only
for less developed country; it actually happens
extensively in diferent parts of the world. Due
to psychological and biological immaturity,
children are insuiciently mature to make an
informed decision about a life partner. his
article presents the situation in Malaysia, many
cases of child marriages were highlighted in
the media including those child rape disguised
as child marriages. he causes, reasons and
consequences of child marriage based on ield
research by the author are explored.
Child Brides, Not Our Pride
143
what is Child marriage
Child marriage is deined as a formal marriage or informal union
solemnized before the age of 18. Historically, it is a common phenomenon
worldwide for various reasons that surround trade, culture, traditions,
alimony, dowry and others, and most often occurs in poor, rural
communities. Today, child marriages are fairly widespread in diferent
parts of the world, not necessarily just prevalent in less developed countries
around the world.
he Convention on the Rights of the Child (CRC) to which
Malaysia is a State Party considers a person below the age of eighteen
to be a child and therefore, entitled to special safeguards and care,
including appropriate legal protection, by the state. When someone is
a child, he/she cannot be considered to be suiciently mature to make
an informed decision about a life partner. his, in turn, means that a
marriage attempted between parties one of whom is a child cannot be
considered to have obtained the “full and free consent” of each parties.
he Malaysian government maintains its reservation to Article 16 (2) of
CEDAW which states: “he betrothal and the marriage of a child shall
have no legal efect, and all necessary action, including legislation, shall be
taken to specify a minimum age for marriage and to make the registration
of marriages in an oicial registry compulsory.”
Situation in malaysia
In Malaysia, child marriages are prevalent despite fairly high
achievements of women in the socio-economic aspects especially in terms
education. According to the Malaysian Census 2000, for example, an
estimated 6,800 girls below the age of ifteen were recorded as married.
Several cases of such marriages amongst Muslims were highlighted
in the media. In 2010, at least two cases appeared in the Malaysian media
featuring the allegedly forced marriages of pre-teen girls to men aged over
40. In July 2012, news on the internet showed a video of a young couple,
the male aged 16 and the female aged 14, getting married in a religious
and customary ceremony. Alternatively, there are more worrisome cases
of child marriages that were solemnized to cover up child rape, which are
discussed in the following:
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Child rape disguised as Child marriage
Several real life cases of Child Marriage as appeared in the media
were discussed in the following. Speculation indicated that marriage was
conducted as an attempt to escape statutory rape as stated in Section
375(g) of the Penal Code (Act 574) in which sexual intercourse with a
girl with or without her consent when she is under 16 years of age an
ofence of statutory rape. Marital rape, however, is not criminalized in
Malaysia.
First case that happened in 2013:
13-year-old rape victim was still unwilling to testify. Prosecution
team would have to depend on other forms of evidence such as DNA,
reports from JKM (Social Welfare Department) and reports from the
investigating oicer, as well as the victim’s Facebook accounts, which as
of yet have not been obtained.
here was also apparently a witness to the crime - a friend of the
victim was sitting in the back of the car but no testimony has been
obtained yet. he rapist, Riduan Masmud, is a father of 4 children by his
irst wife. he State Deputy Public Prosecutor, Ahmad Nazmeen Zulkili
says he has no rejections in regards to pulling back the case since the
victim had already retracted the police report she made.
Father of the rape victim was apparently given RM 5,000 as ‘Sogit’,
a form of compensation under the native law or Sabah customs but it
was found that there was no such rule under the concerned Customary
Court. here is a dedicated team investigating this issue. he attorney
general instead says this could be a form of bribe. He asks for the SPRM
(Malaysian Anti-Corruption Commission) to be a part of the investigation.
(source: http://www.utusan.com.my/utusan/Dalam_Negeri/20130522/
dn_31/Kes-rogol-bawah-umur-di-Sabah-tak-pernah-digugur---PeguamNegara)
Second case that happened in 2013:
Syariah lawyers from the Syariah Lawyers Association urge Syariah
authorities the Islamic afairs authorities to charge the 40-year-old man.
Sexual intercourse outside marriage is considered an act of adultery under
Syariah laws, even if the girl consented to it.
Child Brides, Not Our Pride
145
“We urge the Syariah authorities to do the necessary to charge the
wrongdoer as a lesson that marriage is not a way out for adultery or rape,”
said Syariah Lawyers Association secretary-general Moeis Basri. He said
under syariah laws, sexual intercourse outside marriage is considered an act
of adultery even if the girl consented to it. Moeis said the man also needed
to get the consent of the girl’s legal guardian as well as permission from
the Syariah Court before marrying the child as she is below 16 years old.
he case hearing is set from July 1 to July 4. (Source: http://thestar.com.
my/news/story.asp?ile=/2013/5/22/nation/13142632&sec=nation).
malaysian Laws that regulate marriage and Child
marriage Prohibition
When looking at diferent alarming cases of child marriages above,
one cannot help but wonder if there is any law that regulate such marriage
in Malaysia. In terms of civil law, a reformed legislation was enacted;
the Law Reform (Marriage and Divorce) Act 1976 which contains a
stipulation for a minimum age of marriage at 18 years old, applicable
to both female and male parties (see section 10 of the Act). he law,
however, authorizes the state (through the power given to the Chief
Minister of each state) to grant a license for a female person not below
the age of sixteen to contract a marriage. No similar power is given to
grant such license to a male person.
However, the Syariah law, depending on the States, stipulated
diferent age requirement. If request for a marriage whereby the proposed
groom is below eighteen years of age or the proposed bride is below the
age of sixteen, may be approved depending upon the written permission
from the Syariah judges under various circumstances. his provides a
loophole in which many cases of underage marriages may still be approved
and took place especially among the Muslim Malaysians.
reasons for Such marriage
Despite attempts by the Malaysian government, enactment of laws
and regulation to deter the incidents of child marriage, plethora of such
cases kept reoccurring, whether or not they are reported in the media or
went underground. herefore, obtaining accurate data on the incidence
of child marriage is diicult. he accurate accounts on the incidence and
reasons were often obscured or sometimes, even distorted for various
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reasons, such as: unregistered/unoicial customary marriages, “saving”
family’s face, creating media sensation and controversy, and others.
In real life, based on the ield research experience conducted by the
author looking at the phenomena of Child marriage in diferent states in
West Malaysia, several indings surfaced:
Most cases of child marriage were registered. However, there were
exceptional cases whereby the marriages were not registered because
of lack of knowledge/ information about marriage registration, long
distance travel between the couple’s residence to the local registrar oice
or parents’ disapproval of the marriage. hose non-registered marriages,
however, were at least solemnised in the house of worship.
Among the Malay communities, child marriages occurred mainly due
to poor inancial situation at home that forced the bride’s parents to marry
of their daughter, dating prior to marriage whereby the parents suspected
that the couple have been intimate/ close and therefore marriage is the
answer to prevent “khalwat” or indecent behaviour between members of
opposite sex who are not legally bound by marriage or premarital sex
Among the Indian communities, several factors such as poor inancial
situation, parents busy working, sometimes struggling with two odd jobs
and ended up neglecting their children who ended up misbehaving,
mixing with bad company, dealing drugs, committing premarital sex
Among the orang asli communities, the practice child marriage
happened naturally among them. As many of them live in close-knitted
community, every family members can help to inancially, morally and
socially support the newly-wed couple and take care of their children
According to an account from the director of Centre of Orang Asli
Concern (COAC), Dr. Colin Nicholas, for them getting married is akin
to the modern society practice of dating. Majority of them live in a closeknit community, therefore they can easily access family, social, inancial
and childcare support needed to sustain their marriage from their nextof-kin.
Aside from the situation among the orang asli community, in
general, the practice of child marriage in other communities are frowned
upon especially when the marriage was conducted due to pregnancy
out of wedlock or suspected practice of shamanism (unnatural cause)
that triggered the children’s desire for getting married early. Due to such
reasons, some communities declined to be interviewed by the author,
Child Brides, Not Our Pride
147
citing embarrassment and intention to face saving as reasons for rejection
to provide their accounts on child marriage.
Even in cases where child marriages were successfully carried out,
there were several opposition expressed towards the conduct of child
marriage. he opposition expressed by the parents was such that the
children are too young; they would like their children to complete their
education to at least SPM level for better future, or worried that the
young couple might not be able to inancially support their household
after marriage. Albeit these views were only expressed after the children
had been married and struggled with inance/ child rearing.
Meanwhile, the opposition expressed by the school principal/ teachers
of those parties involved in child marriage was such that they perceived
the students who got married early posing negative inluences to the
other students in the same school. Examples of negative inluences: other
students learnt about sexual experience from the young couple, or worse,
imitated the young couple’s move to get married early. Consequently,
many schools oicial refrained/ prevented the young couple from reattending school after marriage/ pregnancy.
Consequences of Child marriage Cases in real Life
hose cases of child marriage that took place resulted in both
positive and negative ways. For those communities who embraced it, the
marriages were regarded as blessings to the couple who raised big family
and witnessed the growth of their grandchildren at young age at their
40s.
On the other hand, not every community saw the silver lining of
child marriage. In fact, many of them continued to regret the decision
for various reasons. In terms of social welfare, many of them did not
continue their education and ended up with low paying job resulting
from low education status. Financial struggle was cited as the main issue
faced by the young couple when dealing with their household expenses.
Psychologically, many of them were not mature enough to adjust to
marriage life, handle the marital conlict, or cope with child bearing
responsibility. In terms of health, miscarriages and birth complication
occurred to some of them due to the girls’ biological condition that
was simply not ready for child bearing and child birth. Altogether,
these compounding efects thwarted several of such marriages to end
up in divorces. In addition, for those couples who did not register their
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marriages, their children will face diiculty in gaining their basic rights
such as healthcare service and education. hese are just some of the dire
consequences resulted from child marriage.
future implication
Looking at many detrimental consequences of child marriage
listed above, and the prevalence of many child marriage cases that still
remain underreported and under-examined, widespread campaigns and
concrete actions are needed to raise awareness on this issue and to deter
the occurrence of child marriage in various communities in order to save
the children’s future .
References
Convention on the Elimination of All Forms of Discrimination Against
Women (1981). Retrieved from http://www.hrcr.org/docs/ CEDAW/
cedaw6.html
Department of Statistics Malaysia, Oicial Portal (2000). Retrieved from
http://www.statistics.gov.my/portal/
he Commissioner of Law Revision, Malaysia (1976). Act 164 law reform
(marriage and divorce) Act 1976. Retrieved from http://www.jafbase.
fr/docAsie/Malaisie/Mariage&Divorce.PDF
he Commissioner of Law Revision, Malaysia (1984). Act 303 - Islamic
family law (Federal Territories) act 1984. Retrieved from http://www.
agc.gov.my/Akta/Vol.%207/Act%20303.pdf
he Commissioner of Law Revision, Malaysia (1997). Penal code act
574. Retrieved from http://www.agc.gov.my/Akta/Vol.%2012/ Act%
20574.pdf
he Star Online (2013). Court extends bail of restaurant manager accused
of raping girl. Retrieved from http://thestar.com.my/news/ story.
asp?ile=/2013/5/22/nation/ 13142632&sec=nation
United Nations Children’s Fund (2014). Child protection from violence,
Child Brides, Not Our Pride
149
exploitation and abuse. Retrieved from http://www.unicef.org/
protection/57929_58008.html
United Nations Human Rights (1990). Convention on the rights of the
child. Retrieved from http://www.ohchr.org/en/ professionalinterest/
pages/crc.aspx
Utusan Online (2013). Kes rogol bawah umur di Sabah tak pernah digugur Peguam Negara. Retrieved from http://ww1.utusan.com. my/utusan/
Dalam_Negeri/20130522/ dn_31/Kes-rogol-bawah-umur-di-Sabahtak-pernah-digugur---Peguam-Negara#ixzz3OfCV9SxW
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Chapter
10
Concluding
Remarks
Muhamad Fadhil Nurdin
his book is about sociology and welfare
development discourse. he contributions in
this book depict variegated and vivid picture
of the issues in various context. his short
concluding chapter seeks to discuss these
contributions by linkaging some potential
issues. In this section, I need to re-emphasized
here that the discussion of this book are
various such as sociology of philosophy,
information technology and communication,
culture, politics, geography, poverty and
social development and housing, health and
social welfare, environmental and youth,
media policy and social problems.
Regarding the main task of sociologist
as the major theme of this book, requires the
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151
cooperation among individuals, groups, and institutions. hus, this book
suggest two main recommendations namely;
• First, academic and research institutions, especially in the ield
of sociology and welfare development have to work together in
promoting the ideas of “spiritual development” through some
activities such as seminars, conferences and publications based
on the two major themes, “welfare” and “development” as a
holistic approach.
• Second, it is need to identify multi-scholarship, especially social
scientist and Islamic scholars to develop a new paradigm and
practices of welfare development.
Further, some recommendation depart from various themes are
going to demonstrate in the following paragraphs.
he welfare development model is constructed and closely related
to the professionalism. Islam as a source for mercy the entire universe,
can provide a guidance on spiritual, physical, cognitive, psychological
and social needs (Barise, 2004). Cooperation is a critical concept to
improve the welfare of society. All elements determine the achievement
of development based on the aspirations of the people (see, Chapter 1).
In the diferent aspect, Indonesian government should have a
brilliant way to manage money properly in order to eradicate poverty.
First of all, corruption eradication has to be more maximized in all
sectors. Secondlly, efective bureaucracy. Indonesian government should
have a special body to handle poverty programmes. he establishment
of a main body which focus on poverty eradication may be rationable.
Although, all programmes of all departments are pro-poor, yet it is better
to give a mandate to a special poverty body. he current situations are
diferent where many programmes run by many government bodies,
inefective and of course it is very risk to be manipulated and corrupted
(see, Chapter 2).
he intensifying relationship between Bandung and Jakarta indeed
has been inluencing the development of the corridor area and lead to
the emergence of the JBMUR. he intensifying relationships between
both metropolitan centers afect informal and formal sector of activities,
including household industries and trade areas alongside the major axis of
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the corridor area. Further, this inluence was becoming more pronounced
after the construction of the Cipularang toll road, which favored all kinds
of formal sector developments in Purwakarta. Housing developments,
the construction of infrastructures and public facilities, and the growing
numbers of commuters have strongly shaped this process. To some extent,
the intensifying relationships between the two major centers has also
enabled industrial developments in the corridor area, albeit indirectly
because most of this development is due to international factors. In
the end, all these processes have also been inluencing the socio-spatial
structure of the corridor area (see, Chapter 3).
For a betterment of arrangement on coping strategies for urban poor
housing in Penang, social support and policies are need to be implemented
as soon as possible. Under this arrangement, state government could
efectively decentralize the social welfare services to the sub-potential
parties. In this, perhaps it will minimize the burden and the functions of
state government and can focus more related to production management
than service provision. With the introduction of the arrangement, welfare
provision by work units will reduce substantially in order to improve
production of urban poor housing efective and eiciently. Furthermore,
public policy can make a radical diference. Unlocking land banks for
afordable housing is critical to reducing the price of houses for the urban
poor, whom are increasingly being driven out of the city environs. Beyond
supply of house, government enforcement of existing laws against house
proiteering would be a valuable start and long-term home mortgage
inance for the urban poor a breakthrough (see, Chapter 4).
Presenting an islamic social-welfare organization call bmt,
the author in the chapter eleven highlighted the role, contribution and
dynamics of the body. Furthermore, the author argues that sociologically,
the social movement lead by BMT tremendously waves throughout
Indonesia. Social movements are collective actions that are loosely
organized, without any institutionalized way to produce a change in their
societies (Sztompka, 2004) (see, Chapter 5).
Topic about youth participation, the author stressed that a key
element of internally-motivated participation is when the challenges are
personally challenging for the participant itself. Hence, environmental
programs should connect their causes with the personal goals of its
participants and allow them to develop skills that allow them to meet
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153
these challenges. his would then compel them to continue their
engagement in a program and develop higher level skills to meet more
advanced challenges (see, Chapter 6).
he government’s respond to the other aspect also under scrutinize.
For instance, regarding to indonesian foreign workers, the author
recommend government to;
1. To improve health services for migrant workers, since placement
time and after they return to the hometown;
2. To train the workers before their departure about environment
aspect, condition of health, social and cultures in the destination
countries;
3. To conduct a comprehensive research on strategy of workers
adaptation (see, Chapter 7).
Meanwhile, this chapter dicuss about education issue in Malaysia
concludes that to develop any rural community it can be achieve through
the dissemination on the importance of education to all family members
in the area. his method is expected to transform the communities
towards appreciating education better. he recognition of society towards
education only, is not enough to enhance the living standards. Yet, it
should be incorporated a the positive attitudes of the rural community
towards education as a strategy for improving life. At the same time, the
delivery system of the education programs must be enhanced and it is
all depend on the commitment of the school and teachers of the rural
schools as well (see, Chapter 8).
he cases of child marriage become a serious attention of the author
in the chapter ifteen. his chapter reveals that many of them continued
to regret the decision for various reasons. In terms of social welfare, many
of them did not continue their education and ended up with low paying
job resulting from low education status. Financial struggle was cited
as the main issue faced by the young couple when dealing with their
household expenses. Psychologically, many of them were not mature
enough to adjust to marriage life, handle the marital conlict, or cope
with child bearing responsibility. In terms of health, miscarriages and
birth complication occurred to some of them due to the girls’ biological
condition that was simply not ready for child bearing and child birth.
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hese compounding efects thwarted several of such marriages to end
up in divorces. In addition, for those couples who did not register their
marriages, their children will face diiculty in gaining their basic rights
such as healthcare service and education. hese are just some of the real
consequences resulted from child marriage (see, Chapter 9).
Finally, to summarize, this concluding chapter argues that all
chapters are given constructive policy recommendation. Although, all
are depart from various background and issues, yet they produce and
extent some challenges should be being serious attention especially by
the government. Without any concern and action from the parties, this
scientiic research along with the knowledge and recommendation can
only become a paper and then as rubbish.
Wassalam.
Muhamad Fadhil Nurdin
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