REPUBLIKA.CO.ID, JAKARTA -- Minister of Women's Empowerment and Child Protection (PPPA) Yohana Yembise has proposed a minimum age of marriage, namely 20 years for women and 22 years for men. The proposal came following the decision of the Constitutional Court (MK) on Law Number 1 of 1974 about marriage.
"The age is most appropriate when compared with other countries on average, specifically for women 20 (years) and men 22 (years)," Yembise remarked, after attending the Submission of the Parahita Ekapraya Award (APE) at the Vice President's Palace, on Wednesday.
The proposal is currently being prepared by the PPPA Ministry to be brought to the DPR (the People's Consultative Assembly) during the discussion of the revisions to Law Number 1 of 1974 concerning marriage. Yembise assessed that the proposed minimum age for marriage is fair in terms of gender equality, and does not violate the provisions of the law on child protection related to the minimum age for marriage.
"This is another approach by the DPR, so that there would be a mutual agreement. What is clear is that the law would protect children who are at least 18 years old," she added.
The Constitutional Court canceled Article 7 paragraph (1) of Law Number 1 Year 1974 concerning marriage which regulates the minimum age for marriage, namely 16 years for women and 18 years for men. The court considered the article to be discriminatory and unconstitutional, because it distinguished the minimum age limit for marriage between men and women.
This is considered to be able to cause discriminatory cases and domestic violence which are more detrimental to the women's side, so that they are constrained in fulfilling their constitutional rights.
"Constitutional rights are meant, among other things, for equal treatment before the law, as stipulated in Article 28D paragraph (1) of the 1945 Constitution," Constitutional Justice Wahiddudin Adams revealed.
According to the Child Protection Act, a woman at the age of 16 is still classified as a child. Therefore, if she is married, her status will change to an adult.
"While for men, such changes are only possible if they are married at the age of 19," Adams explained.
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