The Marriage Age Limit According to Indonesian Law No. 16, 2019 as Effort to Child Protection
- DOI
- 10.2991/aebmr.k.200513.047How to use a DOI?
- Keywords
- marriage age limit - child protection
- Abstract
In marriage, women will experience a severe psychological process, namely pregnancy and childbirth that requires sacrifice. Marriage Law Nu. 1 of 1974 established a marriage age limit of 16 years for women and 19 years for men. However, in the period of 6 years from 2011 the divorce rate of minors always increased from year to year. In 2016 the divorce rate of minors reached 11,126 cases. This shows that so far many underage marriages / early marriages end in divorce. Because child marriage in practice has more negative effects than positive effects.In practice, in general many factors that contribute to the causes of underage marriages are religious factors, cultural factors (adat), social factors and legal factors. Underage marriages will have a negative impact on child growth and development and will lead to non-fulfillment of basic rights of children such as protection rights from violence and discrimination, children’s civil rights, health rights, education rights and children’s social rights. Article 28B of the 1945 Constitution states that every person has the right to form a family and continues descendants through a legal marriage and the state guarantees the child’s right to survive, growth and development and is titled to protection from violence and discrimination. Consideration of increasing the marriage age limit for women, refers to MK ruling Nu. 22 / PUU-XV / 2017. The point is that differentiating marital age limits based on gender reasons is “discrimination”. Consideration of the age limit of 19 years for men and women referred to: a). Has matured body and soul to carry out marriage in order to realize the purpose of marriage properly and marriage does not end in divorce and get healthy and quality offspring. b) Will lead to lower birth rates. c). Reducing the risk of maternal and child mortality. d) Fulfillment of children’s rights so as to optimize children’s growth and development. e) Give children access to the highest education possible. For this reason, the government, through Marriage Law No. 16 of 2019, has changed the marriage age limit of 19 years for women and men. However, if a marriage is forced to take place before the age of 19 years, then it must submit a dispensation in accordance with Supreme Court Regulation No.5 of 2019. Judges in the determination of marriage dispensation applications, should consider the best protection and interests for children and a sense of justice that lives in the community and conventions / international agreements relating to child protection. So that marriage dispensation is an exception in the case of marriage for both / one prospective bride who is underage.
- Copyright
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Sri Murni PY - 2020 DA - 2020/05/20 TI - The Marriage Age Limit According to Indonesian Law No. 16, 2019 as Effort to Child Protection BT - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020) PB - Atlantis Press SP - 222 EP - 230 SN - 2352-5428 UR - https://doi.org/10.2991/aebmr.k.200513.047 DO - 10.2991/aebmr.k.200513.047 ID - Murni2020 ER -