Minimum Marriage Age Raised

KOMPAS/WAWAN H PRABOWO

Rows of empty seats fill the Senayan legislative complex in Jakarta during a House of Representatives (DPR) plenary meeting on Monday (16/9/2019). Fahri Hamzah, who presided over the meeting, said that 187 DPR members were present, while 112 others requested leave of absence for the meeting, which was held to approve several draft laws, including the marriage law, and the revisions to the MD3 Law on the People’s Consultative Assembly (MPR), House of Representatives (DPR), Regional Representatives Council (DPD) and Regional Legislative Councils, as well as to review the results of the fit-and-proper test for leadership candidates of the Corruption Eradication Commission (KPK).

Increasing the minimum age for marriage for women to 19 years in the revision of the Marriage Law marks a new era of human development in Indonesia.

Last week, the government and the House of Representatives (DPR) agreed to revise Article 7 of Law No. 1/1974 on marriage. The minimum marriage age for women and men is now the same: 19. The age for women was previously 16.

The revised Marriage Law also stipulates that dispensation for those who wish to marry before the age of 19 must be approved by a court. Previously, parents of the couple could request dispensation from other officials. Article 7 Paragraph (3) of the law also stipulates that the court is obliged to take into account the opinion of the prospective couple.

The Marriage Law should have been revised long ago. Efforts had been made in the past to have the law revised, including through the filing of a petition with the Constitutional Court (MK). Unfortunately, the petition was rejected by the Constitutional Court in June 2015 on the grounds that it was the job of the DPR to make law revisions.

KOMPAS/WAWAN H PRABOWO

House of Representatives (DPR) Legislation Body (Baleg) deputy chairman Totok Daryanto (right) shakes hands with DPR Deputy Speaker Fahri Hamzah while submitting a summary report on the DPR and government’s approval of revisions to Law No. 1/1974 on Marriage during a plenary session Monday (16/9/2019) at the Senayan legislative complex in Jakarta. The DPR approved the Marriage Bill, which now sets the minimum marriageable age at 19 years.

Revision of the Marriage Law must be immediately followed by the drawing up of implementing regulations. The Supreme Court (MA) will play an important role in ensuring that the new minimum marriage age is upheld by all religious courts.

The government should immediately regulate the prevention of early marriage by providing adequate knowledge to parents and adolescents about the disadvantages of marrying at a young age. It is time for the government to include reproductive health in the national curriculum. The goal is that children and adolescents understand their responsibility to themselves and their future, including avoiding sexual relations before marriage. Many examples from a number of countries show that providing appropriate knowledge on reproductive health reduces premarital sexual relations among teenagers and reduces instances of teenage pregnancy.

Marriage is basically not only a matter of age, but also physical, psychological and economic readiness of the bride and bridegroom. The first two aspects usually come with various risks, namely threats to women\'s reproductive health that can result in the death of mother and child, domestic violence, divorce, lost childhood and the loss of potential superior human resources because children lose the opportunity to develop through education.

KOMPAS/WAWAN H PRABOWO

House of Representatives (DPR) Legislation Body (Baleg) deputy chairman Totok Daryanto (second left) hands to Women’s Empowerment and Child Protection Minister Yohana Susana Yambise a summary report on the DPR and government’s approval of revisions to Law No. 1/1974 on Marriage during a plenary session Monday (16/9/2019) at the Senayan legislative complex in Jakarta. The DPR approved the Marriage Bill, which now sets the minimum marriageable age at 19 years.

The United Nations Children\'s Fund (Unicef) has reported that one in nine marriages in Indonesia involves child brides. Revision of the Marriage Law should change this. The success of the upcoming Cabinet work program of President Joko Widodo-Vice President Ma\'ruf Amin, to improve human resources, will be more easily realized with the increased minimum marriage age.