Abstract

The practice of child marriage in Indonesia is a serious problem that must be resolved. This is a problem faced in various countries in the world. The SDG's programs include achieving gender equality and empowering women and girls, with a target to achieve the abolition of child marriage by 2030. The research method used is a social-legal approach. The purpose of this study is to find out the government's efforts in overcoming the problem of gender inequality in the age requirements for marriage in Indonesia and the application for dispensation for marriage during the Covid-19 pandemic in Indonesia. The old Marriage Law stipulates that the age of marriage for men is 19 years and for women 16 years. The government then changed this provision through Law Number 16 of 2019 concerning Marriage, in which the marriage age for men and women is the same, which is 19 years. During the Covid-19 pandemic, applications for marriage dispensation in Indonesia indicated a sharp increase. This means that the application for marriage dispensation is unaffected by the Covid-19 pandemic situation. The existence of exceptions through dispensation efforts makes the requirements for the age of marriage can still be deviated, so that gender equality, which is expected to minimize child marriages above, cannot be realized or cannot be carried out as desired.

Highlights

  • Child Marriage or often referred to as minor marriage is a marriage performed by a person whose age has not reached the age specified by the Law

  • Related to the minimum age for marriage into law as contained in Article 7 of Law Number 16 of 2019 on Amendments to Law Number 1 of 1974 on Marriage. This is one of the efforts taken by the Indonesian government to minimize child marriage, as a form of Indonesia's participation as a member of the United Nations that requires the realization of gender equality as stated in the Sustainable Development Goals

  • This study focuses on child marriage couples who are Muslim who apply for a dispensation to the Religious Court, excluding those who carry out child marriage without requesting marriage dispensation

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Summary

INTRODUCTION

The reality in society, especially with regards to child marriage, girls are more often wedded before entering the legal age than boys. The illustration above shows that the practice of child marriage occurs in all regions in Indonesia. With regards to the Practice of Child Marriage, Indonesia is in the 37th in the world and hold the 2nd position in the Southeast Asian Region. The latest data from SUSENAS 2018 shows that in Indonesia, girls marrying before the age of 18 are estimated at 1,220,900. This causes the Indonesian position to rise to number 8 in the world as a country with most practices of child marriage. How is the application for marriage dispensation during the Covid-19 pandemic in Indonesia?

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