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All Journal Lex Scientia Law Review Alauddin Law Development Journal (ALDEV)
Edenela, Kirana
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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The Deprivation of Women's Rights Due to Discrimination on the Marriage Age Limit Herry Christian, Jordy; Edenela, Kirana
Lex Scientia Law Review Vol 3 No 1 (2019): Quo Vadis Protection of Women in Indonesia: Law Enforcement Practices and Theorie
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v3i1.30723

Abstract

In the 1945 Constitution of the Republic of Indonesia in article 27 paragraph (1) it is said that every citizen has the same position in law and government, but the Marriage Law No. 1 of 1974 which stipulates a difference in the minimum age limit for marriage, namely 16 (sixteen) years for women and 19 (nineteen) years for men, which creates discrimination against women and hinders the fulfillment of women's constitutional rights, namely the right to health, education and equality before the law. In its decision Number 22/PUU-XV/2017 asked the DPR to immediately revise the minimum age limit for marriage, but the Constitutional Court did not clearly stipulate the minimum age limit for marriage due to its open legal policy. Based on normative juridical studies, it can be concluded that the ideal minimum age for marriage is 18 years because it is in accordance with positive law in Indonesia and in accordance with global demands and eliminates discriminatory nature in the Marriage Law.
Constitutional Court Decision Influence on The Role of Notaries in Legalisation of Marriage Agreements and Third Parties: - Edenela, Kirana; Busro, Ery Achmad
Alauddin Law Development Journal (ALDEV) Vol 6 No 2 (2024): Government Policy and Its Implementation to Maintain the Stability of the Nation
Publisher : Department of Law, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v6i2.47116

Abstract

The Constitutional Court Decision Number 69/PUU-XIII/2015 has changed the norms. The agreement is valid from the start of the marriage if the husband or wife do not decide when it takes effect. The notary has additional authority to ratify marriage agreements that conflict with Article 16 (1) UUJN. The research uses qualitative research with normative juridical research, collecting data from laws, books, theses, and journals. The results showed that the third parties who make marriage agreements in the form of a notarial deed, ensuring the contents do not conflict with applicable norms and cannot be changed at will by the husband or wife. The notary is expected to request an inventory list of assets acquired in the marriage bond and make a statement that these assets have never been transacted in any way or form.
Co-Authors Busro, Ery Achmad Herry Christian, Jordy