Preventing Child Marriage

Child marriage remains widespread. The Covid-19 pandemic is one factor that has triggered an increase in cases of child marriage.

Family poverty, unproductiveness among children and promiscuity are considered the causes of the escalating cases of child marriage during the pandemic. This condition certainly threatens the protection of children and the future of the Indonesian nation.

The state should be present to deal with child marriage to the maximum. Child marriage will threaten the future human resources of Indonesia. The consequences of child marriage are disruption to children’s education, high maternal and infant mortality rates, birth of stunted children and recurring poverty among the children who enter marriage at an early age.

Child marriage can happen as a result of requests for matrimonial dispensation and registered marriages. In addition, there are cases of unregistered child marriage. Last year there were 59,117 requests for matrimonial dispensation, with the highest numbers recorded in East Java, Central Java, West Java and South Sulawesi. The figures were a significant increase from 15,574 requests in 2018 and 29,359 requests in 2019.

Also read:

> More Child Marriages Requested in Pandemic

> Early Marriage Puts Lives at Risk

Data from Statistics Indonesia (BPS) indicate that 10.35 percent of women aged 20-24 were married before they were 18 years old. The figure still gives reason for concern despite its decline from 11.2 percent in 2018, with the highest rates in West Sulawesi, Central Kalimantan, Southeast Sulawesi, South Kalimantan and West Kalimantan.

The data shows how the practice of child marriage continues to occur in Indonesia. Some cases of child marriage are cultural practices, while others involved legal requests for matrimonial dispensation.

The increasing requests for matrimonial dispensation represent a rising trend in child marriages on the one hand, but on the other hand, they also constitute higher awareness of the law. In this way, preventive and mitigation efforts can be channeled throughout the process, from the stage before the requests are made to the court hearing, and to the stage after the court decision.

The higher number of requests for matrimonial dispensation is due to several factors, among them the revision of Marriage Law No. 16/2019 that has increased the marriageable age to 19 years old for both men and women. Nonetheless, comprehensive measures should be taken to prevent, handle and mitigate any practice of child marriage.

Pre-court

The government is formulating a draft government regulation (RPP) on matrimonial dispensation. Previously, the Supreme Court has issued Supreme Court Regulation (Perma) No. 5/2019 on Guidelines for Hearing Cases of Matrimonial Dispensation. However, the regulation is seen as not strong enough to prevent child marriage during the judicial process.

The RPP is expected to provide a policy that regulates preventive attempts before the dispensation is requested for children. These attempts include a requirement to present an education certificate from the Education Office to determine the child’s education status.

KOMPAS/ISMAIL ZAKARIA

LA (left) accompanied by his mother NR (48) put their child AAC (8 months) to sleep on a swing made of cloth hanging from a berugak (saung) at their residence in one of the villages in East Lombok, West Nusa Tenggara, on Friday (16/4) /2021). LA at the age of 17 has been married and divorced three times. His first marriage, when he was 14 years old.

A special health certificate, issued by a hospital or a community health center (Puskesmas), is also required to request matrimonial dispensation to ascertain the child’s health condition. Cases in which a child is asked to admit pregnancy in order that the matrimonial dispensation can be granted constitutes violence against that child. The two certificates are required to get an idea of the child’s condition while at the same time, serve as a means of prevention through the established processes at relevant institutions.

Some of the reasons frequently put forward in requests for matrimonial dispensation include the child being seen as having an excessive relationship, is pregnant, or desiring marriage.

One of the other important prerequisites is an assessment of the child named in the request for matrimonial dispensation. This assessment is expected to reveal the child’s condition, why marriage is being resorted to and what problem is being faced. Some of the reasons frequently put forward in requests for matrimonial dispensation include the child being seen as having an excessive relationship, is pregnant, or desiring marriage.

The assessment is conducted to verify the child’s condition and at the same time, to give counsel to the child. This is done by inviting the prospective spouse, the child’s parents and the prospective spouse’s parents. The process aims to obtain the entire idea behind the proposed marriage and intervening as necessary. Once again, attempt at prevention is made at each stage.

Judicial regulation

The court hearing is the last formal bastion in preventing child marriage. The birth of Perma No. 5/2019 on regulating or hearing cases of matrimonial dispensation is a progressive response from the Supreme Court.

Also read:

> Eliminating Child Marriage

> Child Marriage, Stunting and Female Circumcision

Yet, judicial capacity should be enhanced further, because hearing cases of matrimonial dispensation requires a strong perspective on child protection. Criminal judges must have a judicial certificate for hearing juvenile criminal cases. Judges hearing civil cases that involved children should also have a judicial certificate for juveniles.

Listening to the views presented in matrimonial dispensation cases is an important part of applying the principles of child protection. Judges should listen to the child separately, accompanied by a social worker or psychologist if necessary.

CHRISTINE NESBITT

Roslinda (14) while speaking at the High Level Political Forum (HLPF) on Sustainable Development in New York, July 18, 2019. The 3rd grade student of SMP in East Sumba talked about the issue of child protection including the elimination of violence against children, prevention of child marriage, and prevention of child neglect.

Judges must listen to the child’s perspective to ascertain their condition and why the matrimonial dispensation has been requested. In this manner, judges will make a decision based of the child’s best interests. Therefore, the court structure, especially of religious courts, should also be equipped for juvenile civil hearings as they are for criminal trials.

Counseling during the court hearings is one of the requirements for the process of hearing matrimonial dispensation cases. Counselors should certainly specify the fate of the child’s education, the risks to their reproductive health, as well as the economic and psychological vulnerabilities, if the marriage takes place.

This is because in essence, the aim of marriage as regulated in the Marriage Law is to form a happy and lasting family. In this case, counseling during court hearings is important to ensure that the goal of marriage can be achieved.

Stakeholders’ role

The judicial process for matrimonial dispensation requests is managed as a prudential process to protect Indonesian children. All relevant parties in pre-hearing stage of the matrimonial dispensation request, including the child protection office, the health office and education office, should of course support the advocacy of child marriage prevention.

Besides, these parties must control the decision on matrimonial dispensation requests. All should handle mitigation measures if the matrimonial dispensation is granted. This is meant to alleviate the impacts of child marriage. Cross-sectorial cooperation, including the Religious Affairs Ministry, is badly needed to reduce the risks of child marriage.

Children’s right to education, as well as their right to psychological and health guidance, must be fulfilled. All mitigation attempts are made to maintain children’s wellbeing and lessen the risks of maternal and infant death, childhood stunting, domestic abuse and violence and poverty among children.

KOMPAS/BAHANA PATRIA GUPTA

Activists hold a peaceful demonstration to stop child marriage on Jalan Darmo, Surabaya, East Java.

Unless mitigation is carried out, the children’s welfare will continue to worsen. This will have an impact on the future quality of Indonesia’s human resources.

Eventually, regional administrations should maintain networks down to the village and subdistrict levels to prevent child marriage. They should consolidate the relevant ministry offices towards prevention by optimizing the roles of schools, family learning centers, religious figures, family planning counselors and Puskesmas.

Village chiefs/subdistrict heads become the last bastion in the education and prevention of child marriage. With all stakeholders unified, child marriages that occur as a cultural practice and through the judicial process of matrimonial dispensation can be prevented.

Rita Pranawati, Deputy Chairperson, Indonesian Child Protection Commission (KPAI); Lecturer, Faculty of Social and Political Sciences, Prof. Dr. Hamka Muhammadiyah University (Uhamka)

(This article was translated by Aris Prawira).