Legal analysis of the provisions prohibiting marriage between female soldiers and male soldiers of lower rank in gender equality

Harjoko Simbolon (Military Law College, Indonesia)

Annals of Justice and Humanity
Vol. 3 No. 2 (2024): June

Purpose: This study analyzes the provisions prohibiting marriage for female soldiers with male soldiers of lower rank in the context of gender equality and human rights. Research methodology: The regulation is contained in Perpang No. 50 of 2014 and several other technical instructions in the TNI environment, a comparison with flexible Polri regulations that prioritize the principle of justice without discrimination. Results: Through a normative legal approach, this study found that this prohibition is contrary to various national and international legal instruments, such as the 1945 Constitution, Compilation of Islamic Law, Law Number 1 of 1974 concerning Marriage, Law Number 39 of 1999 concerning Human Rights, UDHR, ICCPR and CEDAW. The prohibition not only creates injustice but also affects the morale and welfare of soldiers.