The Normative Analysis of Marriage Age After the Constitutional Court Decision No. 22/PUU-XV/2017

DOI

10.2991/assehr.k.200306.190How to use a DOI?

Keywords

marriage, Constitutional Court, child protection, constitutional review

Abstract

Marriage is a sacred event of mutual love between a woman and a man. Paragraph (1) in Article 7 of Law No. 1 of 1974 determines the minimum age of marriage, i.e. 16 for females and 19 for males. A constitutional review of the law against the 1945’s Constitution was requested by three petitioners because they considered that the provision, especially in Article 7, paragraph (1), has disadvantaged them. This research used a normative juridical method to examine the verdicts in the Constitutional Court Decision No. 22/PUU-XV/2017 and the minimum marriage age after the Constitutional Court Decision was issued. The research results showed that the Constitutional Court decided that paragraph (1) in Article 7 of Law No. 1 of 1974 is contrary to the 1945’s Constitution, and it does not have legally binding power. The Constitutional Court requested the legislator to amend the law within three years. In conducting an amendment, they should consider several aspects, i.e. education, psychology, social, gender, population, regulation synchronization, human rights, husband and wife dignity, and other aspects.

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/).

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TY  - CONF
AU  - Kadriah
AU  - Ishak
AU  - Lia Sautunnida
PY  - 2020
DA  - 2020/03/13
TI  - The Normative Analysis of Marriage Age After the Constitutional Court Decision No. 22/PUU-XV/2017
BT  - Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)
PB  - Atlantis Press
SP  - 99
EP  - 103
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200306.190
DO  - 10.2991/assehr.k.200306.190
ID  - 2020
ER  -