Session
National Report
Para 21) Several regulations have been issued after the third Review in 2017 related to the respect, protection, fulfillment, and promotion of human rights, among others: … Law No. 16/2019 on Amendments to Marriage Law;
Para 58) In 2021, President Joko Widodo set forth five priority areas in women's empowerment and child protection plan: … (v) Preventing child marriage.
Para 73) Indonesia has made significant progress in preventing early/child marriage. In 2019, the GoI has amended the minimum age limit of women to marry at 19, equal to men, as stated in Law No. 16/2019 on Amendments to Law No. 1/1974 on Marriage.
Para 74) Nevertheless, dispensation on early/child marriage is still allowed, and there are challenges during the pandemic in which the demand for dispensation has increased. The Supreme Court has issued Regulation No. 5/2019 concerning Guidelines for Marriage Dispensation Rules. The Guidelines ensure that judges' primary legal considerations in granting or refusing a marriage dispensation cases are based on strict measures, emphasizing the urgency factor, and considering religious values.
Para 75) The GoI continues programs to address the underlying factors of early/child marriage, such as (i) providing free 12 years of primary education; (ii) youth skills development to ensure future careers, (iii) improving family welfare systems and economic resilience; and (iv) increasing awareness of health risks in early pregnancy for children.
State under Review
Issues
National Report
Stakeholder Summary
Para 67) Komnas Perempuan expressed concern that some harmful traditional practices against women were still persisting, including female genital mutilation/cutting and forced marriages.
Para 70) Komnas Perempuan stated that the policy of granting marriage dispensation had contributed to the high number of child marriage. JS3 noted an increase in child marriages during the COVID-19 pandemic highlighting that child marriage had a negative impact on women, particularly because it increased the risk of dropping out of school, teenage pregnancy, child labour, and violence against women. Child marriage had an impact on the level of welfare of children's lives and access to proper health, because child marriage affected the psychology and reproductive health of children who were not ready. This could result in maternal and infant mortality, as well as stunting.
Stakeholder Summary