The Normative Analysis of Marriage Age After the Constitutional Court Decision No. 22/PUU-XV/2017

摘要

Marriage is a sacred event of mutual love between a woman and a man. Paragraph (1) in Article 7 of Law No. 1 of 1974 determines the minimum age of marriage, i.e. 16 for females and 19 for males. A constitutional review of the law against the 1945's Constitution was requested by three petitioners because they considered that the provision, especially in Article 7, paragraph (1), has disadvantaged them. This research used a normative juridical method to examine the verdicts in the Constitutional Court Decision No. 22/PUU-XV/2017 and the minimum marriage age after the Constitutional Court Decision was issued. The research results showed that the Constitutional Court decided that paragraph (1) in Article 7 of Law No. 1 of 1974 is contrary to the 1945's Constitution, and it does not have legally binding power. The Constitutional Court requested the legislator to amend the law within three years. In conducting an amendment, they should consider several aspects, i.e. education, psychology, social, gender, population, regulation synchronization, human rights, husband and wife dignity, and other aspects.