The regulation of 16-year old minimum age for women to get married is being pleaded to Constitutional Court (MK) on Monday (9/8) at MK Plenary Room. The Judicial Review was pleaded by several women and Children Rights Monitoring Foundation (YPHA).

In the pleading, the Plaintiffs expressed that the age limit for women is in contrast to other national regulations. The Plaintiffs, represented by their attorney Anggara, explained that Article 7 verse (1) and Article 7 verse (2) of the mentioned Act, has been implemented by seizing the bride’s development rights and getting proper education. Thus, it is opposing Article 28B verse (2) and Article 28C verse (1) of 1945 Constitution.           

According to Anggara, postponing marriage is a way so the women can gain higher education. According to the explanation, the ruling Act has actually and potentially harmed the Woen’s rights in having higher education. “According to the reasons, a quo requirement has determined age limitation and is discriminative as the ruling distinct men to women in bold line,” he explained.  

The ruling is seen to hamper an effort of striving women’s rights in gaining higher education. Moreover, the Plaintiffs see that ideal age would be 18 years old.

Justices’ Advice

In response to the Pleading, Justice Patrialis Akbar said that the Plaintiffs did not clearly distinct maturity, so that the age limitation opposes Constitution. He added that if the Article were abolished, it may trespass Human Rights. “What if in somewhere else, a group has the custom to conduct a wedding of their children’s by the age of 17^th, but since we, presumably, abolished the requirement they can’t do so. It is for me an act of Human Rights violation,” he said.(Lulu Anjarsari/mh/kun)