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Rechtswissenschaftliche Fakultät Center for Islamic and Middle Eastern Legal Studies

Jakarta, 13 December 2018

Constitutional Court Orders Revision of Minimum Age for Women to Marry

In a decision that may pave the way for the elimination of child marriage in Indonesia, the Constitutional Court ruled that the 16 years old minimum age requirement for women to marry, as stipulated in the 1974 Marriage Law, was unconstitutional.

The court argued that the rule was a form of gender-based discrimination since the minimum age for requirement for  men to marry was 19, and therefore contradicted the 1945 Constitution. However, it was refused to grant the plaintiffs' demand to raise the minimum age for women to marry to that of the age for men, arguing that it was the authority of lawmakers.

Read: "The Jakarta Post: Breaking: Court Orders Revision of Minimum Age for Women to Marry"