PEMBAHARUAN HUKUM PERKAWINAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR: 22/PPU-XV/2017

Abstract

Constitutional Court Decision No. 22/PUU-XV/2017 is a breath of fresh air for legal changes that can prevent child marriage, but the continuation of this decision is still questionable, does this decision reflect the legal protection of women substantially? Considering that the decision do es not immediately set a minimum age for marriage for women, but waits for 3 (three) years for legislators to set the age of marriage for women. The Constitutional Court argued that the determination of the minimum age limit for marriage was an open legal policy which was the realm of the legislature, so the Constitutional Court did not have authority over this matter. However, it is possible that during those 3 (three) years there could be many marriages that caused women's constitutional rights to be violated. In Law No. 1 of 1974 it has been explained that marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on Belief in One Almighty God. While the purpose of marriage in Islam is to fulfill the demands of humanity, relate between men and women in order to create a happy family on the basis of love and affection, to obtain legitimate offspring in society by following the provisions regulated by sharia. Marriage does not only unite two human partners, namely a man and a woman, but binds a sacred covenant in the name of Allah, that the bride and groom intend to build a household that is sakinah, peaceful, and filled with love and affection. To achieve the goal of marriage, of course one must have physical and mental readiness and maturity because physical and mental maturity before marriage is an inseparable unit. The ongoing marriage of the same adults is considered to have a good impact on the development of the household, with this maturity both physically and mentally will make the household peaceful and peaceful so that what is aspired to in household life can be achieved. The fees targeted in this study are mandatory fees in the form of national journals and additional fees in the form of journal proceedings.

Keywords : Marriage Law Renewal, MK Decision