November 12, 2008


These weeks we have heard about an under-age marriage which was done by Syekh Puji. The basic of the case is he married a twelve-years-old girl, named Lutfiana Ulfa.

At the beginning, his first wife (Umi Hani) held a competition to look for a second wife for Syekh Puji, and one of the rules was the candidate must be graduated from elementary school. And finally, the competition got twenty candidates and determined Lutfiana Ulfa as the winner. From this point, we can see that they who held the competition (not only Umi Hani, but also Syekh Puji) had broke the law. According to Law number 1 of 1974 about Marriage, a marriage will be recognized only when the groom is at least nineteen years old and the bride is at least sixteen years old. The law has been made because children under the designeted ages are not ready for a marriage mentally and physically. Mentally, they are children who need to enhance their skills in school and have the opportunity to enjoy their teenaged life. Physically, their bodies are not ready to have reproducted.

Actually, Syekh Puji could not be sued by this law because his marriage had not been registrated yet in KUA (Kantor Urusan Agama). But there was an evidence that Lutfiana and he have had sex. Law says that only they who have married can have sex. So we can conclude it is a raping or prostitusm (although Lutfiana said she did it by love, we still do not know the truth).

Lutfiana Ulfa's parents also broke Law number 23 0f 2002 about Child Protection. It is stated that parents must not make any marriage for an under aged child.

The case took much attention from people, Ministry of Religion, The Head Of MUI (Majelis Ulama Indonesia) and also The Indonesian Child Protection Commission (KPAI).

Syekh Puji convinced that his marriage is legal by Islam Law. But he lives in Indonesia so he also have to obey the Positive Law. The Islam Law says that the minimum age for girl to have a marriage is twelve years old, but the Positive Law states that the minimum age is sixteen years old. This is a chaos in law because there are two different directions in law and they are admitted in this nation.

Few days ago, The Head of MUI and Kak Seto, The Head of The Indonesian Child Protection Commission came to Semarang to discuss this case with Syekh Puji. Eventually, Syekh Puji decided to return Lutfiana to her family for a while until she is sixteen years old and then they are going to marry legally. I do thinking that it is the best wayout for the case because after what Syekh Puji had done with Lutfiana, definitely, Lutfiana would not have the same days as a teenager anymore. No public school can accept a married girl to study in school because it is the rule of school. And she gets her name bad in society. Syekh Puji is liable to this situation. Therefore he gives home schoolling to Lutfiana and must marry her when she is sixteen years old.

We have to be disapproved of the under age marriage !! Because once it becomes a jurisprudence, there will be many children get stuck in a marriage which can fade their future. SUPPORT Indonesian Law for the better nation !!!