The reconstruction of the minimum marriage age according to experts and decision of the constitutional court NO.30-4/PTHE LAWXII/2014.
Chapter 7 the
law NO 1 year 1974 said that the woman minimum age of marriage is 16 years, but
based on the law NO 23 year 2002, 16 years old is childhood. So, they still
have not been allowed to marry and they should get dealing like children. When someone got married at the age
of the child would give rise to a wide range of possibilities and its
harmful effect on the child. Therefore, Chapter 7
THE LAW NO 1 year 1947 (judicial review) by several sides like Woman’s Health
Foundation and LSM or NGO (Non-governmental Organization) as well as some
individuals in constitutional court which its result is rejecting all petition
that its decision was read in opened assembly of Constitutional Court on 18th
of June.
The objectives
of this thesis is to know the experts’ opinion toward Constitutional Court
Decision NO.30-74/PUU-XII/2014 and minimum age of marriage as well as reviewing
the Decisions based on Juridical perspective, Islamic Laws, Health, Psychology in
order to reconstruct the minimum marriage age.
Research method
that is used in this research is empirical; by taking the data sourced from experts several
agencies such as Constitutional Court Judges, Religious Court Judges, Women's Empowerment, Indonesian Scholar Council (MUI), Indonesian Physicians
Association (IDI), The population and national family planning (BKKBN). The
approach that is used is Qualitative Approach. The law material
used is the opinion of experts and secondary legal materials such as literature books,
papers, journals, theses, or website.
The results and
this research are divided into two; first, the experts want the existence of reconstruction of the minimum marriage age
for male and female in Chapter 7 the law NO 1 year 1974 base on educational consideration, health and wellbeing. Second, the importance of
reconstruction of the minimum marriage age because of negative effect towards
health and children’s psychology and 16 years old has not been developed
anymore and rob the human rights (HAM) in Chapter 28 UUD 1945 as well as
children’s rights in the law No.23 year 2002 about child protection.
Tidak ada komentar:
Posting Komentar