Eliminating discrimination against women: legal mobilization to change the minimum age of marriage in Indonesia

Mochamad Sodik, - and Achmad Uzair, - (2021) Eliminating discrimination against women: legal mobilization to change the minimum age of marriage in Indonesia. In: Konwledge, Science, and Local Tradition: Multiple Perspectives on the Middle East and Southeast Asia in Honor of Fritz Schulze. Studies on Islamic Cultural and Intellectual History (3). Harrssowitz Verlag, Germany, pp. 97-108. ISBN 978-3-447-11389-2

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Abstract

Indonesia is facing serious women issues as it has one of the highest maternal mortality rates in Southeast Asia region as well as sits on the 7th rank of countries with most child marriage cases (Profile of Indonesia’s Children 2018, Ministry for Woman Empowerment and Child Protection). These statistics are seen not only resulted from poor performance of development programs, but more deeply, from Indonesia’s discriminatory 1974 Family Law especially article 7(1) which required different minimum age for men and women. For many Indonesian feminists, this Law is the root cause for discrimination against women as it facilitated the pressure against women to enter into marriage at an early age. This qualitative research paper explores the connection between this Law and discourses about gender discrimination in Indonesian context and analyses the struggle for women’s rights to amend the Law by adopting the framework of ‘legal mobilization’ as part of the emergence of constitutional culture in post-New Order Indonesia.

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