CONSTITUTIONAL COURT RULING REGARDING THE MARRIAGE AGE LIMIT OF 19 YEARS IS ENFORCED

The Constitutional Court (MK) canceled the application of the minimum age limit of 16 years for women to marry as stated in Article 7 paragraph (1) of Law Number 1 of 1974 concerning Marriage (Marriage Law). This was confirmed by the Constitutional Court in Decision Number 22/PUU-XV/2017 submitted by three women who married underage. In this decision, the Court partially granted the Petitioner’s petition.

Then the Government officially ratified Law No. 16 of 2019 as an amendment to Law No. 1 of 1974 concerning Marriage as mandated by the Constitutional Court (MK). The new Marriage Law changes the minimum marriage limit for men and women who will marry at least 19 years of age. Previously, the legal age for marriage was 19 for men and 16 for women. As read from the conditions, the amendment to the Marriage Law was made to accommodate the Constitutional Court’s decision No. 22/PUU-XV/2017. This decision emphasized that the marriage age limit of 16 years for women and 19 years for men is discrimination. Because of this, the Constitutional Court declared null and void the provisions of Article 7 paragraph (1) of the Marriage Law. The Constitutional Court also “ordered” the DPR and the Government to revise the Marriage Law no later than 3 years after the decision was read.

—> Constitutional Court Decision No. 22/PUU-XV/2017 dated 13 December 2018.

Source:

https://mkri.id/public/content/persidangan/putusan/22_PUU-XV_2017.pdf

Regards,

Fredrik J Pinakunary