A minimum age limit of 16 years for women to get married , as stipulated in Article 7 paragraph ( 1 ) of the Act No. 1 of 1974 on Marriage , the material tested by the Foundation for Women’s Health ( YKP ) to the Constitutional Court ( MK ) .
In a session led Constitutional Justice Ahmad Fadlil Sumadi , YKP through its legal counsel , Tubagus Haryo stated minimum age of 16 years set out in the Marriage Act was considered too risky for the future growth of a woman , resulting in the seizure of nutrients between mother and fetus will contain. In addition , the number of marriages at that age is directly proportional to the number of divorce rates .
Furthermore, in the case 30/PUU-XII/2014 Applicant states that the age limit of 16 years in the law because of legal uncertainty in some other law , such as the Child Protection Act states that an adult person’s age limit is 18 years . For that YKP as Petitioner asks the Court stated that such provisions contrary to the Constitution , and the constitutional article stating that if the age limit for a woman to marry is 18 years old .
Against the petition, Justice Anwar Usman provides advice that the applicant claims repair parts ( petition ) or the demands of this application . Anwar demands in the early part of the Applicant requested that the tested article stated that contrary to the constitution , but the demands of the Applicant requested that the next chapter is in conflict with the constitution had been given a constitutional interpretation . "The term has been ‘m killed but is revived , " said Anwar . " So it should focus only on that phrase 16 years , " he added . Anwar petition to demand more inclined to give a constitutional interpretation .
While Judge Maria Farida Indrati reminiscent of the Applicant , Applicant questioned losses indirectly to the constitution , because the constitution there is no age limit . " You must be formulated so that the 16-year conflict with the constitution because of what , so as to convince the Constitutional Court , " said Maria .
While the chairperson , Constitutional Justice Ahmad Fadlil Sumadi , said that the petition has not been furnished with evidence , if any research results of these studies can be enclosed as evidence .
Moreover , Fadlil assessed Petitioner has not explained constitutional arguments . " You just said it’s contrary to this chapter , " said Fadlil . " What marriage is not a basic necessity ? If 16 years ago you needed he already told conflicting , where conflicting , "continued Fadlil . According to Petitioner’s arguments more arguments on facts, not a constitutional argument , therefore the Applicant are welcome to correct his complaint to a maximum of 14 working days . (Ilham/ mh )
Thursday, April 03, 2014 | 18:43 WIB 171