BaKTI is Supporting Judicial Institutions to Implement the Increased Minimum Marriage Age

On Wednesday, 4 December 2019, BaKTI — a MAMPU Partner and member of the Stop Child Marriage Coalition — held a training program to provide information about Law No. 16/2019, which amended Law No. 1/1974 regarding Marriage. The program also included information about the Supreme Court Regulation No. 5/2019 regarding Guidelines for Presiding over Applications for Marriage Dispensations.

Deputy Director of BaKTI Zusanna Gosal opened the training with a speech that highlighted the long advocacy process involved with the Elimination of Sexual Violence Bill (RUU PKS) — which has yet to be passed into law. Zusanna underlined the importance of RUU PKS to prevent sexual violence and provide protection for victims of violence. She explained that advocacy must continue until the bill is passed into law.

Although the passage of RUU PKS has been delayed, an important breakthrough was achieved in 2019 with the revision of the Marriage Law, which increased the minimum age at which women can marry from 16 to 19.

The training was officially opened by Dr. Aisyah Ismail, the Head of the Makassar Religious High Court. In her address, Aisyah explained that since Law No. 16/2019 was passed, many requests for marriage dispensations have been lodged with Religious Courts in South Sulawesi. In very pressing circumstances, dispensations can be granted for individuals younger than the marriable age to marry. Dr. Aisyah explained that judges must study Supreme Court Regulation No. 5/2019 regarding Guidelines for Presiding over Applications for Marriage Dispensations. This regulation places children as important actors who must be listened to in relation to requests for dispensations.

Speakers including Theodora Putri from the Australia-Indonesia Partnership for Justice (AIPJ2); Dr. Nirwana Pananrang, a senior judge and member of the Supreme Court’s Women’s and Children’s Working Group; and Nur Anti from the South Sulawesi Women’s Empowerment and Child Protection Agency’s spoke at the workshop, which was moderated by Husaima Husain.

The activity was the result of cooperation between the MAMPU Program and the AIPJ2 Program in Makasar.