Legal Policy of Child Marriage In the Covid-19 Pandemic Period

Imam Subchi, Qosim Arsadani, Muhammad Ishar Helmi, Efin Faridho

Abstract


The increase in marriage dispensation applications that occurred during the Covid-19 pandemic also caused the high number of child marriage. Nevertheless, this has been strictly required in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage (Marital Law), the minimum age limit for men and women is 19 years, and requirements of irregularities for this age that must meet urgent criteria and sufficient support evidence. This is done, to reduce underage child marriages as a form of enforcing the principle of children's best interests. This paper describes the complexity of underage children's marriage during the Covid-19 pandemic period, as a convenience requirement of marriage dispensation has been set rigid in the Marriage act. The method used in this paper is normative by using several approaches: the statute approach, conceptual approach, and case approach. The results of the government's policy during the Covid-19 pandemic period which brought massive changes to the community's order had an impact on the collapse of the family economy. This resulted in the mass number of the child's marriages in the pandemic period. The research findings of this study deliver to children's rights violations through child marriages. The risk of decreasing individual economies, maternal and infant health, and household violence become unavoidable considering the psychological conditions of children who are immature in marriage.


Keywords


dispensation, marriage, child, child interest, state policy

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References


Adriaan Bedner and Stijn Van Huis, "Plurality of Marriage Law and Marriage Registration for Muslims in Indonesia: A plea for Pragmatism", Utrecht Law Review, Volume 6, Issue 2 (June) 2010, 177

Allika Fadia Tasya and Atik Winanti, "Child Marriage Dispensation after the Existence of PERMA Number 5 of 2019", Legal Face, Vol. 5 No. No. 1, (2021).

The National Development Planning Agency, "Narration of RPJMN IV 2020-2024", Jakarta: Bappenas, (2020).

Brenda Rogers, "Child Marriage in Ethiopia and ITS Associated Human Rights Voors", University of Washington Bothell Policy Journal, (2012).

Callistasia Wijaya, "Covid-19: 'Hundreds of Children's Marriage Cases Occur during Pandemic', Parents 'Regret Once' and Hope the Child Returns to School" downloaded from https://www.bbc.com/indonesia/indonesia-53719619 [accessible on July 2, 2021].

The Department of Women's Empowerment of Child Protection and Population Control of the Special Region of Yogyakarta, "Mature Marriage Ages or Prevention of Child Marriage Through Village Regulations", downloaded from https://dp3ap2.jogjaprov.go.id/berita/detail/579-pendewasaan-usia-perkawinan-pencegahan-perkawinan-anak-melalui-peraturan-desa [accessed on July 1, 2021]

Dispensation Becomes a Child Marriage’s Gap, the Latest Rules are Prepared (MediaIndonesia.com).

Dispensation of Marriage and Best Interest for Children | By: Musthofa, S.H.I, M.H and Ahmad Taujan Dzul Farhan, S. H (4/2) - Directorate General of Religious Justice Agency (Mahkamahagung.go.id)

Elga Andina, "The Increase in Child Marriage Rates at the Covid-19 Pandemic", Brief Info Short Studies on the Actual and Strategic Issue, Vol. 13 No. 4, (2021), h. 15.

Emy Susanti, "Unequal Gender Relations in the Practices of Girl Marriage In Poor Families at East Java Province", Culture and Politics, Vol. 31 No. No. 4, (2018).

Envuladu E. A., et al., "Determinants and Effect of Girl Child Marriage: A Cross Sectional Study of School Girls in Plateau State, Nigeria", International Journal of Medicine and Biomedical Research, Vol. 5 no, 3, (2016).

Eny Kusmiran, "Reproductive Health Teenagers and Women", Jakarta: Salemba Medika, 2014.

Feni Freycinetia Fitriani, "A Year Covid-19 in Indonesia: 2.76 Million People Become Poor Citizens", Downloaded from https://ekonomi.bisnis.com/read/20210302/9/1362714/Sethaha-covid-19-di- Indonesia-276-million-person-poor-people [accessed on July 2, 2021].

Ghaib, Hakiki, et al., "Prevention of Child Marriage Acceleration that Cannot be Postponed", (Jakarta: The Central Statistics Agency (BPS), National Development Planning Agency (Bappenas), UNICEF, Study Center and Advocacy Protection of Quality of Indonesian University of Indonesia, 2020) .

Grown C. G., et al., "Taking Action: Achieving Gender Equality and Empowering Women", New York: United Nations Development Program, 2005.

Irwan M. Hidayana, et al., "Factors Influencing Child Marriage, Teenage Pregnancy and Female Genital Mutilation / Circumcision in West Lombok and Sukabumi Districts, Indonesia", Yes I Do Baseline Report, (2016).

Jordy Herry Christian and Kirana Edenela, "Amolation of Women's Rights Due to Discrimination of Marital Age Limits", Lex Scientia Law Review, Vol. 3 No. 1, (2019).

Kasih, A.P, "UNPAD Expert: Early Marriage Numbers Soar during Pandemic", downloaded from https://edukasi.kompas.com/ read / 2020/07/08/131828971 / expert-unpad-numbers-wedding-dinimelon- Pandemic, [accessed on February 16, 2021].

Kasjim, "Abuse of Islamic Law and Child Marriage in South-Sulawesi Indonesia", Al-Jima'ah: Journal of Islamic Studies, Vol. 54 No. No. 1, (2016).

KOMPAS, "Children's Marriage at Pandemic, Wife of 14 Years Old Domesticrate until Parents Want Their Daughter Back to School", downloaded from https://regional.kompas.com/read/2020/08/27/06070061/Pernikahan-anak-Saat -Pandemi-wife-age-14-year-old-kDRT-to-parents? Page = All [accessed on July 2, 2021].

Kumala Dewi L. P. R and Dartanto T., "Natural Disasters and Girls Vulnerability: Is Child Marriage A Coping Strategy of Economic Shocks In Indonesia?", Vulnerable Children and Youth Studies, Vol. 14 No. 1, (2019).

Peter Mahmud Marzuki, Legal Research, Jakarta: Prenadamedia Group, 2016.

Plan International, "I am a girl: The State of the World's Girls 2012: Learning for Life", London: Plan International, 2012.

Center of the Study and Advocacy of the Protection and Quality of Children's Life, "Child Marriage in Indonesia", downloaded from https://www.unicef.org/indonesia/media/2816/file/child-marriage-factsheet-2020.pdf [accessed at 1 July 2021].

Decision of the Constitutional Court Number 22 / PUU-XV / 2017.

Decision of the Constitutional Court Number 30-74 / PUU-XII / 2014.

Decision of the Constitutional Court Number 74 / PUU-XII / 2014.

Verdict Number 110 / Pdt.P / 2020 / PA / Prob.

Verdict Number 276 / Pdt.P / 2020 / Ms.Tkn.

Verdict Number 611 / Pdt.P / 2020 / PA.SBR.

Verdict Number 85 / Pdt.P / 2021 / PA.SBR.

Rural Women's Social Education Center and Asian-Pacific Resource and Research Center For Women, "National Report: The Influence of Conservative Religious Interpretations on Child Marriage in West Java and East Java", Jakarta: Woman Health Foundation, 2017.

Siti Aisyah Kara, et al., "Child age research and monitoring guide", (Makassar: Liblitera Institute, 2019).

Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage.

Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.

United Nations Population Fund, "Child Marriage, Female Genital Mutilation Urgent Priorities As Pandemic Threatens Progress", Downloaded from https://www.unfpa.org/news/child-marriage-female-genital-mutilation-urgent-priorities-pandemic- Threatens-Progress [accessed on July 2 2020].

Interviews conducted by Mansari, Muzakir, Ahmad Fikri Oslimi, and Zahrul Fatahillah, "Concretization of Urgent Reasons and Sufficient Evidence in Providing Marriage Dispensations for Children by Judges", accessed through concretization of urgent reasons and sufficient evidence in providing marriage dispensation for children (MS -blangpidie.go.id).

Wisono Mulyadi, "As a Result of the Establishment of the Marriage Dispensation of Underage Children (Case Studies in the Pacitan Court)", (Private law, Volume V, number 2, July December 2017.

World Bank, "Economic Impacts of Child Marriage: Work, Earnings and Household Welfare Brief", World Bank, 2017.

World Vision, "Covid-19 Aftershocks", downloaded from https://www.wvi.org/sites/default/files/2020-05/aftershocks%20final%20Version_0.pdf, [accessed on July 2, 2021].




DOI: http://dx.doi.org/10.22373/sjhk.v5i2.10570

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