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All Journal Jurnal HAM Lex Scientia Law Review
Putri, Annida Aqiila
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Law, Crime, Criminology & Criminal Justice

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Reconstruction of Minimum Age for Marriage as a Form of Legal Protection for Women (Analysis of Constitutional Court Decision No. 22/PUU-XV/2017) Nugraha, Xavier; Izzaty, Risdiana; Putri, Annida Aqiila
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.v3i1.30727

Abstract

Article 7 paragraph (1) Law no. 1 of 1974 concerning Marriage provides that the minimum age for marriage for men is 19 years while for women is 16 years. In the explanation, this aims to maintain the health of husband and wife and offspring. However, the minimum age limit for marriage for women that has been set is contrary to Law no. 35 of 2014 concerning Child Protection which stipulates that a child is someone who is not yet 18 years old. So that makes Article 7 paragraph (1) Law No. 1 of 1974 is discriminatory and has the potential to violate the constitutional rights of girls with the occurrence of child marriage. Constitutional Court Decision No. 22/PUU-XV/2017 states that Article 7 paragraph (1) of Law no. 1 of 1974 has no permanent legal force and gives the legislature 3 years to formulate new norms. If this time period has passed, the minimum age limit for marriage will be harmonized with the age limit for children in Law no. 35 of 2014. The purpose of this study is to describe legal protection for women through setting a minimum age limit for marriage. The research method used is normative research with statutory, conceptual and case approaches.
Persetujuan Dinamis sebagai Sarana Optimalisasi Pelindungan Data Pribadi dan Hak atas Privasi Indriani, Masitoh; Putri, Annida Aqiila
Jurnal HAM Vol 14, No 2 (2023): August Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2023.14.105-122

Abstract

Consent is one of the foundations for data processing in the Operation of Electronic Systems by government and private institutions. Implementing consent as a basis for data processing has several shortcomings, particularly as it primarily relies on individuals being aware in providing authentic consent. In practice, individuals often give consent without considering any terms and conditions. Consent obtained without knowledge of data processing can jeopardize the right to privacy and the protection of personal data. This paper examines dynamic consent as a means to optimize the protection of privacy rights. The findings indicate that the concept of dynamic consent that prioritizes its approach to Data Subjects serves as a means to optimize personal data protection. Dynamic consent can strike a balance between on the one hand, the simplicity of the consent mechanism, and, on the other hand, the personal data protection standards and the right to privacy. Formulating dynamic consent should be based on legal elements, societal practices, technological features, and the involvement of personal data protection authorities. Additionally, as a form of implementing accountability for Electronic System Organizers as data controllers or processors, an effective mechanism for resolving personal data disputes is needed. These elements, when combined, can provide optimal personal data protection.
Co-Authors Izzaty, Risdiana Masitoh Indriani Nugraha, Xavier