Judges' perspectives on changes in the legal minimum age at marriage in Indonesia (original) (raw)

The Problems of The Marriage Age Changing in Indonesia in the Perspectives of Muslim Jurists and Gender Equality

Hanifiya: Jurnal Studi Agama-Agama, 2021

The rules regarding the age limit for marriage as contained in Article 7 of Law no. 1 of 1974, which states that the minimum age of marriage for men is 19 years and for women is 16 years. These rules were amended through law no. 16 of 2019, which stipulates that the age limit for marriage, both for men and women, are in the same age, 19 years old. This change is intended to bring benefits of marriage minimizes the conflict in the household. But in fact, the changing age limit for marriage still creates some problems; for example, not a few Muslims view that in Islam, there are no provisions regarding age limits and there are dispensations for those forced to marry under a predetermined age. This research aims to find out the problematics of the law on changing the age limit for marriage. The research approach used qualitative with descriptive analysis methods and literature review. The results of the study indicate that there are several problems regarding the age limit between Firs...

The Legal Consciousness and Social Impacts of the Change in the Minimum Age for Marriage in the Indonesian Marriage Act: The Experience of Hulu Sungai Tengah, Kalimantan Selatan

International Journal of Law, Environment, and Natural Resources

Child marriage is still a controversial and big challenge that Indonesia has always faced, with Kalimantan Selatan as one of the Big Five Provinces with the highest number of child marriages. The Indonesian government has taken various preventive steps, one of which is revising the age limit for brides from 16 to 19 years old, enacted right before Covid-19 hit the country. However, the revision still begs questions about whether the age limit is practical due to the highest number of unregistered marriages, especially during the pandemic. This study employed the Qualitative method with a Socio-Legal approach and found that the perception and legal consciousness of the respondents were undisputed towards child marriage and disregarded the age limit and the pandemic situation.

Urgency of Marriage Age Maturity: Reviewing the Government's Response to the Phenomenon of Underage Marriage

2020

This article discusses how the development of efforts to marriage age maturity in Indonesia. This effort is not only as a manifestation of the government in responding to marital problems such as the prevalence of underage marriages, also as another means to curb the behavior of some people who still often deviate marital age regulations through requests for marriage dispensation in court. The research findings conclude that there are important arguments that need to be considered for the government's efforts to reduce the rate of underage marriage in Indonesia, such as through the marriage age maturity program. This can be started by building integration or cooperation between institutions in order to maximize the function of the rule of law and their respective social roles, so that underage marriage can be minimized as well as possible.

Disparity in Judges’ Legal Reasoning on Marriage Dispensation Regarding Minimum Marriage Age: Indonesian Experience

Proceedings of the International Conference on Sustainable Innovation on Humanities, Education, and Social Sciences (ICOSI-HESS 2022), 2022

This article identified and analyzed the disparity of judges' legal reasoning in granting a marriage dispensation application in respect to the minimum marriage age in Indonesia. This study indicated that amendment to the Marriage Law which increases the marriageable age of women did not necessarily reduce the number of child marriage. On the other hand, such change increased the number of marriage dispensation applications. The legal reasoning applied by judges in examining such applications varied. This research showed that a judge's ability to interpret the law and the condition of the prospective bride and groom when the application was submitted played an important role in the decision making. The disparity between decisions can affect legal certainty for justice seekers and will be detrimental for law enforcement. To overcome those problems, Indonesia needs regulation which clearly stipulates under what condition the minimum age requirement can be set aside.

The Importance of Increasing Minimum Age For Marriage In Indonesian Marriage Law

2019

This article discusses the changes in the minimum age for marriage as regulated in Law Number 1 of 1974 concerning marriage, which was later amended by Law No. 16 of 2019 on the same topic. In Law no. 1/1974, the minimum age for marriage for the prospective groom and bride is differentiated in which for the prospective groom the minimum age for marriage is 19 years while for the bride is 16 years. This kind of distinction was later removed by Law No. 16 of 2019 which stipulates the minimum age for marriage for the prospective groom and bride to be the same, namely 19 years. This change in minimum limits is really important as it can have positive effects, especially for women, as they can be physically and psychologically ready to become a wife as well as a mother for their children. Indeed, physical and mental maturity for someone intending to get married is important. This is also following the principles of Islamic Law which view that marriage requires physical and spiritual read...

Problematizing the Minimum Age of Marriage: The State and Local Perspective on Marriage Dispensation in South Sulawesi

Humaniora Vol 34, No. 2, 2022

Child marriage occurs throughout the world, in developed countries and especially in developing countries, including Indonesia. This article examines how categorization of age is problematized, particularly in the context of marriage dispensation after the amendments of marriage law in 2019. Using a qualitative approach, this study was conducted in Maros Baru District, Maros Regency, South Sulawesi. Thirty-seven participants were involved in interviews; 30 more participated in focus group discussions. The results show that there is a gap between legal categorization of age and its local interpretation in the context of marriage practices. While the amendment of marriage law in 2019 aims to increase the minimum age of marriage, marriage dispensation still occurs. Marriage dispensation is usually given under the consideration of supported evidence in relation to the benefits (maslahat) as well as the harms (mudharat). However, when a request of marriage dispensation is rejected, a marriage still occurs. As such, it is very common for unregistered marriage (nikah siri) to be a "way out".

Legal Age for Marriage: SDGs and Maslahah Perspectives in Legal Policy Change in Indonesia

Al-Manahij: Jurnal Kajian Hukum Islam

This research aims to identify the impact of the change in legal policy on the protection of human rights and gender equality. This research analyzes the relationship between the aspects influencing legal changes regarding the legal age of marriage in Indonesia from a gender perspective and the SDGs. This study employed a qualitative approach that is based on library research to identify the impact of changes in legal policy. This study also used a juridical approach to capture an overview of Indonesian family law policies as stipulated in the Law Number 16 of 2019 with maslahah theory and Philipus M. Hadjon’s theory of legal protection as the analytical framework. The research results: First, it was found that the issue of the minimum legal age of marriage is part of the legal discovery area, which resulted in the emergence of Law Number 16 of 2019. Second, the gender movement in Indonesia has played a significant role in changing the paradigm of family law towards a more progressi...

RECONSIDERING THE MARRIAGE AGES IN INDONESIA

Al-'Adalah: Jurnal Hukum Islam, 2014

Abstrak: Meninjau Ulang Batas Usia Perkawinan di Indonesia. Dalam UU Perkawinan No 1/1974 pemerintah telah menetapkan batasan umur bagi calon suami sekurang-kurangnya 19 tahun dan calon isteri sekurang-kurangnya 16 tahun. Namun pernikahan dini atau pernikahan di bawah umur masih kerap terjadi di Indonesia dengan Sunnah fi'liyyah Rasulullah yang menikahi 'Âisyah sebagai dalih yang digunakan para pelakunya. Diperlukan semangat dan keberanian dari para pembuat kebijakan untuk merevisi aturan tentang batas minimal usia perkawinan serta peninjauan kembali tentang aturan umur pengantin tersebut, termasuk melakukan kajian ulang terhadap Sunah di atas. Hal tersebut menjadi penting karena hak anak adalah bagian dari hak asasi manusia yang wajib dijamin, dilindungi, dan dipenuhi oleh orang tua, keluarga, masyarakat dan pemerintah. Abstract: Reconsidering the Age of Marriage in Indonesia. The Government has made the rule about age of marriage, namely the male must be at least 19 years old and the female must be at least 16 years old. Nevertheless, early marriages or under-age mariages are still common in Indonesia since people reffer to the prophet's Sunnah fi'liyyah who was married to 'Âisyah. Passion and courage from policy makers to revise the rule of minimum marriage age are required to revise that rule and reviewing the Sunnah is also imperative. It is important because the right of children is a part of human rights that must be guaranteed, protected, and filled by parents, family, society and government.

Revisiting the New Indonesia’s Marriage Act 2019: will it be effective to prevent adolescent marriage

Insights in Public Health Journal

Indonesia has a long history of adolescent marriage and early childbearing. The religious, sociocultural and economic factors have been pointed out as the major drivers of early marriage while the 1974 Marriage Law was considered ‘weak’ in preventing the event. As the house of representative has passed the new bill in increasing the minimum legal age of marriage for female from 16 to 19 years old in 2019, a question posed whether the enactment of the new marriage law will be effective in preventing adolescent marriage in Indonesia.

Understanding of Marriage Law Attitude For Delivery of Early Age Marriage in Indonesian Adolescence

Proceedings of the Proceedings of First International Conference on Culture, Education, Linguistics and Literature, CELL 2019, 5-6 August, Purwokerto, Central Java, Indonesia, 2019

This research is a quantitative empirical study that examines the understanding of marital law (Law No. 1 of 1974) which forms emotional maturity, so that someone makes a decision to delay early marriage. Data collection using questionnaires is an understanding of marital law, emotional maturity and delaying early marriage. The number of subjects involved in this study were 62 people, 18-22 years old adolescents. Analysis techniques using a correlation test and it was found that there was a significant relationship between the understanding of marital law and the delay of early marriage (r = .310, p = .001, p <.01), there was a significant relationship between understanding legal marriage with emotional maturity (r = .224, p = .031, p <.05), and there was a significant relationship between emotional maturity and delay in early marriage (r =.280, p = .002, p <.01). Next, it will be explained in detail in this article.