CHILD MARRIAGE PREVENTION BASED ON INTEGRATED PLAN OF POLICY AND ACTION TO REDUCE THE INDEX OF CASE AND

PRACTICE OF CHILD MARRIAGE IN REMOTE AREAS

Yusuf Hanafi1 dan Nur Atikah2

Abstract:

Child marriage contributes to many dark sides, such as preventing the improvement of human resource and increasing the poverty index. Strategic and collective efforts are needed in order to prevent the existence of this phenomena, for instance, through organizing a plan of policy and action integratedly. This article aims to portray the social profile of Maduranese people live in South Malang and their tendency towards the practice of child marriage as a need analysis to organize the plan of policy and action prototype to prevent the existence of this dangerous practice. The chosen strategy is solving the child marriage practice in whole area through―circular formula‖ which relate to law, politic, education, social and religion,and economy area.

Keywords:

Child marriage, plan of policy and action, circular model, turn around model.

Introduction

The child marriage issue which is currently discussed is a complex discourse related to various aspects, including law, religion, tradition, economic, social, and health. It is reasonable that, currently, a big number of international institutions have big concern toward this problem, such as United Nations Children’s Fund (UNICEF), United Nations Population Fund (UNFPA), United States Agency for International Development (USAID), International Center for Research on Women (ICRW), Population Council Technical Consultation on Married Adolescents, and so forth.

This problem has been a worldwide issue. Meanwhile, child marriage is not a big deal and lack of adequate attention and respond—not to mention ―minimum‖—in Indonesia. Child marriage had been an old issue during a long period of time, though it emerges these days—particularly after the recent controversy of Syekh Puji marriage with Lutviana Ulfa in last August 2008.3 This case is neither the first or the last, but only one of such a kind which emerges among the other cases which are fade and buried.

Based on the analysis above, this research finds its relevance and significance. This research aims to eradicate some remote and isolated areas‘ traditions in which they frequently marry off their children through some policies and accurate programs, such as marriage law and reproductive health counseling supported by audiovisual materials,

1 Fakultas Sastra, Universitas Negeri Malang. E-mail: sufi_rmi@yahoo.com2 Fakultas MIPA, Universitas Negeri Malang. E-mail: mama_radin@yahoo.co.id3 Kompas, ―Syekh Puji Menikahi Bocah Berusia 12 Tahun.‖ 26 Oktober 2008.

providing vocational training service and apprentice program for teenage girls from poor family, improving marriage management and administration, and mobilizing mass media to improve people awareness of child marriage danger and risk heading toward―safe motherhood‖.

Gondanglegi village, Malang Regency, East Java is chosen as the research location due to its customary in marrying off a daughter in her early age, particularly for Maduranese sub-culture society. In their mind set, child marriage is the best option to save new generation‘s morality and aware their responsibility sooner. Besides, the tendency toward this child marriage practice among the community of Maduranese sub- culture in South Malang area (in which the majority of them are low-income earners) is influenced by economic problem. As the result, teenage girls from poor family commonly drop out of the school or attend an informal education (i.e. pesantren)because they do not have enough money to attend a formal education.4

It is important to note that the researcher is not a ―beginner‖ in this study, considering his intense research on child marriage out of various aspects for recent years. Some researchs have been conducted earlier are: [1] Child Marriage: From Retesting Legality to Strengthening the Act of Prevention (Riset Strategis Nasional First Step Year 2009); [2] Development of Law-Awareness-Education-Oriented to Prevent Child Marriage for Maduranese Sub-culture in Tapal Kuda Area (Riset Strategis Nasional Second Step Year 2010); [3] Child Marriage (Nikah al-Shaghirah) in Islam: A Study on Hadith of Aisyah RA Marriage (Doctor Dissertation Year 2010); [4] Development of Reproductive-Health-Oriented Education to Prevent Child Marriage at Remote Area in South Malang (Hibah Bersaing Year 2011).

Method

This research aims to: (1) identify the condition and social profile of Maduranese sub-culture society in Gondanglegi, South Malang and their tendency of child marriage as a need analysis source; (2) set up a prototype strategy and plan of policy and action model to prevent child marriage in Maduranese sub-culture people living in Gondanglegi, South Malang and validity and reliability testing at an expert; (3) test the effectivity of product for viewers‘ self-improvement to improve their participation in order to reduce the index of case and practice of child marriage for Maduranese sub-culture society in Gondanglegi, South Malang.

The first and the second research objectives are aimed to be achieved in the first year research (First step), meanwhile the third objective is aimed to be accomplished at the second year research (Second step/advanced). To achieve the first research goal, mixing method design using descriptive survey through case study is used. Next, to achieve the second objective, development of product will be conducted through research and development,5 which finally produces prototype model. While for the third objective, which is product effectivity testing, experimental research design is used. This article is organized based on the result of the first year research.

4 Yusuf Hanafi, Kontroversi Perkawinan Anak di Bawah Umur: Perspektif Fikih Islam, HAM Internasional, dan UU Nasional (Bandung: Mandar Maju, 2010), p. 315.5 Robert C. Bogdan dan Sari Knopp Biklen, Qualitative Research for Education: an Introduction toTheory and Methods (London: Allyn and Bacon inc, 1982), p. 87.

Research Findings

This research was conducted on seven villages in Gondanglegi District which have the lowest Human Development Index (HDI) and mostly are Maduranese, i.e. Sumberjaya, Putukrejo, Bulupitu, Ganjaran, Putat Lor, Panggungrejo, and Sukosari. The basic assumption is that child marriage is closely related to the low level of the subjects‘ education, health, and economic index.

1. Demographic Data

Demographic data is the the number and the composition of the subject of child marriage based on age, gender, employment status, education level, and/or religion. Some visits to a number of government institutions in Malang Regency which is assumed to have the demographic data needed, i.e.: Kantor Kecamatan Gondanglegi, Badan Pusat Statistik (BPS), Kantor Urusan Agama (KUA), Pengadilan Agama (PA), dan Badan Penyuluh Lapangan Keluarga Berencana (BPLKB), shows that none of those institutions has the data intended.

The absence of the data is worsened by the fact that the awareness and the willingness of Maduranese sub-culture people in Gondanglegi to sign up their marriage. One of some factors is their background as the graduate of pesantren salafiyah (traditional pesantren) which tend to believe in pesantren institutions rather than government institutions in managing their marriage. Other factor considered by the researcher is the cost of marriage registration which is expensive enough for them. Gondanglegi people are more eager to give their money to Ustadz or Kyai in Pesantren than to ―penghulu‖ (a person who is responsible to conduct the wedding ceremony) in Religious Affairs Office (Kantor Urusan Agama) in holding their wedding ceremony. The trend to ignore marriage registration to a government institution is also strengthened by the fact that the bride or the groom are under marriage age which is legalized by the marriage law (19 years old for the groom, and 16 years old for the bride).

If they who have a complete-pre-requisite marriage, reluctantly register their marriage, much less those who marry under a legal marriage age as they need to propose a marriage dispensation to the court or other officials which is addressed by groom‘s or the bride‘s parents. It answers the absence of such archives and data which record child marriage in Gondanglegi District.

From the field study in Gondanglegi District—in which each village contains five informants, most of child marriage cases is done by women. It causes by the common perception that husband will be responsible for any needs and rights of his wives. The average of child marriage doers are 13 up to 15 years old, with certificate of elementary school (SD/MI). Although, some of them attend Junior High School (SMP/MTs), but most of them drop out as education is seen as a part of fulfilling the obligation. Nevertheless, education is supposed to be able to help the person concerned in preparing and achieving a better future.

In accordance to their economic condition, most of famillies who marry off their chidren under legal marriage age work in agricultural sectore, either become a farmer or a labor below the poverty line. A deeper search shows that one of the reasons behind theeternal poverty chain is the inapproppriate government policy in socio-economic development which results gap in interregional, intersectore, and intergroup of society. Government centralized the development of the urban area rather than the rural one. As

a result, the gap of prosperity occurs among interregional and inter group of society, as well as a structural poverty.

Table 1 – Demographic Data of the Child MarriageNo. Data Variable Unit Average1. Age Year 13 – 152. Gender Gender Woman3. Ethnicity Ethnicity Madura4. Employment Field Sectore Farmer/Labor5. Education Strata Degree of Elementary School6. Religion Ritual affiliation Islam NU

2. Geographic Data

Geographic data is the location and the distribution area of the child marriage practice according to the domicile, accesibilty of the location, and the effect of environmental geography towards the social condition of the society.

The result of geographic orientation in the villages at the south of Gondanglegi which is suspected as the ―center‖ of the practice of child marriage, shows that this area is mostly isolated and has a low social-mobility. Aside from unsufficient street infrastructure, agricultural lifestyle keeps them ―stuck‖ in their environment, with no accessibility and interaction with the world outside. Sub-culture life forms them into static and introvert. They are not accustomed to consider various inputs coming from outside apart from their hereditary tradition and religion, including their attitude towards child marriage.

In addition to the unsufficient street, some of villages in the west of Gondanglegi District do not get electricity, and some others are having difficulties in getting clean water, and therefore, they expect governments‘ help. All these variables show that their basic needs are not sufficiently fullfilled yet.

Other georaphical characteristics of this isolated village is the barren, dry and arid land. This natural factors have a great contribution on their low-economic-rate. The people of this village depend much on pouring rain to get started in farming their farms. Hence, they can have crops harvest only once a year.

Table 2 – Geographic Data on Child MarriageNo. Aspect Variable Identification1. Location accessibility Infrasstructure Insufficient and isolated2. Citizen mobility In and out Low3. Nature condition Water and landscape Dry and barren4. Social environment Culture Isolated5. Lifestyle Preference Agricultural

3. Psychographic Data

Psychographic data is values, myths, and beliefs hold by child marriage doers, including custom and characteristics of the society, social relationship style, experiences, and motives behind the child marriage practice.

Psychographically, child marriage is common in Gondanglegi District as they consider woman as a second class society. As a result, parents desire to marry off their

girls sooner with various reasons, such as, higher education is not important for girls, as after getting married, husband will be responsible to guide and educate his wife.

Another reason contributes to parents preference to hurriedly marry off their girls is that a girls‘ economical independence is not substantial thing. Soon after getting married, wife is owned by her husband, and husband will be responsible for her wife‘s financial security.

Besides, interviews with some informants in Gondanglegi show that the common practice of child marriage in Maduranese sub-culture santri‘s basecamp is strongly influenced by ―doctrinal‖ aspect. Meaning that this practice is widely spread and grown up due to the normative religious text justification. According to Islamic doctrine hold by the society, the marriage of Muhammad SAW with Aisyah RA who is in her early age is the undeniable reference of child marriage legality. In their mindset, child marriage has a positive connotation, as long as it is done due to moral and religious values consideration.

In addition to the doctrinal factor above, commonly the parents in Gondanglegi district fear social stigma if their children are labeled as old maid. In their opinion, the older a woman gets, the more her worth decreasing. It is based on the limited range of woman fertility, from the first time she has her period (menarche) until she stops having period (menopause). Hence, the older a woman gets married, the shorter opportunity she gets to accomplish her reproductive task (to get pregnant and give birth).

Furthermore, the common practice of child marriage in Gondanglegi cannot apart from their hereditary way of life. They need new family born to support their farming. And the only way they can choose is to marry off their children though in their early age. This condition cannot be separated from their hereditary lifestyle where they are formed, which considers life process as no more than routines.

Table 3 - the psychographs data from the child marriage subject.No. Data Variable Description1. Perception Boys are assumed more superior than girls2. Myth Afraid of spinster stigmatization, and the older women

marry, the more decreased value they have.3. Doctrine Muhammad SAW prophet married Sayyidah Aisyah RA

in children age.4. Value For the sake of good moral and religion5. Orientation Increase potential members of family

4. The Communication Pattern

The communication pattern is familiar media that the society use, language, reading and writing skill, people or institution that they assume as their reference to conduct child marriage.

Gondanglegi society make their leader, religion and social figures and traditional institutions as their patron just like another religious-traditional society. Patronage is a tradition in which honor, obedience, and meekness given to those who are assumed as the authority holder in religion and tradition (the social figures). Then, those social figures traditionally become their reference in understanding religion ideas, norm, tradition, and even as their life interpreter.

On the traditional value structure, children are positioned as property and asset for parents, thus they can treat their children as they want. Later this traditional value becomes internalized on society‘s mindset. The effect of the traditional value also can be seen from gender bias where sons are seen more superior to daughters, so it makes the women status in society later is lower than men. The researcher thought that all problems above are needed to be changed through solid program from government cooperated with institutions and the social figures since the researcher thought that those variables influence child marriage practice.

It is going to be more harmful if the mindset above continuously developed in society, since the product of religion law and traditional value might be assumed as several factors which make the child marriage practice increased. Moreover, majority people especially on the western part of Gondanglegi village still hold the mindset above very strong.

In addition, later the social figures are going to be the front line in implementing government policy to prevent the child marriage practice.

Discussion

It has already explained above that the child marriage practice is a very complex problem which related many aspects such as law, religion, custom, economy, social, and health. In order to solve this problem, the holistic and comprehensive ways are necessary.

Collective participation from several sides for instance government side and non government organization side are absolutely essential to handle this traditional practice which is continuously ingrained for long time. Even, the war against child marriage should be socialized and campaigned massively via propaganda ―Stop and Save (SaS)‖,―Stop Child Marriage‖, and ―Save Our Girls and Woman‖.

Diagram 1 – The policy in solving the child marriage practice in whole area through―circular formula‖ which relate to law, politic, education, social and religion, and

economy area.

The solution of the child marriage problem through circular formula above is needed as there is a cross-clash problem in this harmful traditional practices. Then, plan of policy and plan of action to minimize the child marriage practice are explained below.

1. National Policies to Solve Child Marriage Problem

a. Law Area

Government is demanded to have political will and clear expression to stop the harmful traditional practices which influence woman and children health, especially the child marriage practice. One of the ways is by ratifying and implementing instruments of international law effectively, especially for woman and children, for instance: the Convention on Consent to Marriage, the Minimum Age of Marriage, and Registration of Marriages, International Convention on the Rights of the Child, and Beijing Rules.

Government also should reform law of marriage for instance: (a) by abolishing dispensary marriage institution;6 (b) by reconstructing the trusteeship concept to avoid forced marriage (ijbar),7 and (c) by deciding the equivalent minimum age to marry for male and female higher than before, 18 years old. WHO and International Convention on the Rights of the Child (ICRC) recommend that the status of individual as a child applied up to 18 years old.8 Thus, the minimum age for woman that is established in Undang-Undang Perkawinan Nomor 1 Tahun 1974 which is 16 years old should be changed and increased.9 One of the considerations is that on sixteen, the health of reproduction organ has not been matured enough for woman. One of the stimuli for maternal mortality is because the woman has to born in a very young age.

b. Politic Area

Government does not only need to reinforce the law of marriage to prevent the child marriage practice such as above but also requires building governmental bodies to implement the legal policies which have already been established. Those governmental bodies will assure the implementation of the policies to protect and enable women and children.

In addition, national committees might be essentially created by government to against Harmful Traditional Practices, particularly the child marriage practice. The government has already established two committees before for instance: the National Commission on Violence Against Women and the Indonesian Child Protection Commission which is popularly known as ―Komisi Nasional Perempuan‖ and ―Komisi Perlindungan Anak Indonesia‖.10 Thus, the idea of establishing the new committee likeNational Commission on Harmful Traditional Practices is exceedingly need to be considered.

The government should support the national committees above to be more active in handling the child marriage problem as their priority job, since so far the program and action which has already done by National Commission on Violence Against Women and the Indonesian Child Protection Commission tend to have political and material orientation rather than social service.

6 Budi Wahyuni, ―Nikah Dini: Pelembagaan Praktik Kekerasan terhadap Perempuan‖, Musawa, JurnalStudi Gender dan Islam, (The Asia Foundation, 2009), p. 54.7 Ramlan Yusuf Rangkuti, ―Pembatasan Usia Kawin dan Persetujuan Calon Mempelai dalam Perspektif Hukum Islam‖, Jurnal Asy-Syir’ah, Vol. 43 (edisi khusus 2009), p. 38. Read also Chuzaimah T. Yanggo dan Hafis Anshary (ed.), Problematika Hukum Islam Kontemporer (Jakarta: Pustaka al-Firdaus, 1994).8 Read Undang-Undang tentang Perlindungan Anak (UU PA) No. 23, Tahun 2002.9 Read Undang-Undang Perkawinan (UUP) Nomer 1, Tahun 1974.10 Ilyas Supena & M. Fauzi, Dekonstruksi dan Rekonstruksi Hukum Islam (Yogyakarta: Gama Media,2002), p. 91.

It is also very essential for the government to provide financial assistance to governmental bodies and national committees above. All the parties involved must be mobilized to give their real contribution in abolishing the child marriage practice. Potential sponsors are also important to promote and support the great agenda above.

c. Education Area

The society‘s mindset which is still very narrow and traditional, and even tend to have wrong perception toward marriage could be one of the many factors causing the child marriage practice. In this case, education gives a big contribution into this matter.

In village, education is still far from our beautiful expectation. There is a very wide gap between the model of modern education in cities and the model of traditional education in village if it is compared. The modern one states education as a need, meanwhile the traditional one is only for formality. Education ideally has a goal to help society preparing and obtaining a better future.

The model of education which is not visionary causing society less interested to enroll their children to school.11 Education is no longer assumed as a solution for a better life. Normally society has a tendency to depend their life on material things. Meaning that, life is seen through material eligibility. Consequently, when someone could fulfill his or her material need, he or she has to marry soon. In the other hand, a marriage does not only need material things, but also physic, phsycology, and mental readiness.

The child marriage always related to the low level of education whose women in all over the world. Later it becomes obstacle in reaching the goal of development of human resources. The low education that women have is dangerous, besides it has long- term effect and wide spectrum to theirselves and society. While actually education for girls has many positive effect on economy development, poverty reduction, and so on.

In all over regions, women who have higher education tend to be protected from the child marriage practice, and so with women who have middle education. They have chance for about six times smaller than women who have low education to avoid the child marriage practice.12

d. Social and Religion Area

The religious and traditional institutions should have solid cooperation which involve their leaders and figures in order to abolish the child marriage practice since so far they have been becoming patron, particularly in group of people who live in agrarian village. Patronage is a tradition in which honor, obedience, and meekness given to those who are assumed as the authority holder in religion and custom (the social figures and leaders). Then, those social figures and leaders traditionally become their reference in understanding religion ideas, norm, custom, and even as their life interpreter.

The idea above is very important in order to reinterpret some religious verses which so far have been wrongly interpreted to give formal justification toward the

11 Taufiqurahman, Islam dan Budaya Madura, Bahan presentasi pada forum Annual Conference on Contemporary Islamic Studies, Direktorat Pendidikan Tinggi Islam, Ditjen Pendidikan Islam, Departemen Agama RI, di Grand Hotel Lembang Bandung, 26–30 November 2006. Read also Mien A. Rifa‘i,Manusia Madura, (Yogyakarta: Pilar Media, 2007).12 UNICEF Website on Married Adolescents, Child Marriage Advocacy Programme: Fact Sheet on ChildMarriage and Early Union (New York: UNFPA, 2004).

authenticity of the child marriage. For instance, case of Muhammad SAW (Prophet) marriage with ‗Aisyah RA which is commonly used as legal reference should be notably rechecked, it is also the same with a number of Qur‘an verses which are implicitly related to that problem. In this way, there is an expectation that there will be new religion pattern which is wiser and more enlightened where some religious verses justificating the child marriage is not only literally understood, but also considering historical and locality aspects.

More over, the traditional idea in which children are positioned as property and asset for parents should be gradually reconstructed from society‘s mindset. It also involves the bias gender and the preference boys over girls which influence the low statues for women in traditional society. That entire problem should be changed through effective program from government cooperated with institutions and traditional leaders, since those variables above also sow the child marriage practice.

e. Economy Area

Apart from cultural and doctrin factors above, the child marriage phenomenon in village community (low income society) is also influenced by economic problem (poverty). According to several risets conducted by UNICEF (2005), poor countries in all over the world have high indicator toward the child marriage practice.13 Low income families in those countries marry off their child as early as possible in order to liberate from economic charge. In addition, they expect their child will have a better life after the marriage. In fact, they are still stuck in the circle of poverty, even worse and tragic. As consequences from economic problem, girls from poor families become uneducated generation since they don‘t have enough money to have formal education.

Moreover, the economic benefits that poor families obtain through mariage, also influence them to marry off their daughters in early age. In South Malang, parents said that they marry off their daughter in early age to get precious and expensive dowry. in Gondanglegi village for example, the groom have to redeem his bride with a number of properties as his dowry. Economic incentives the poor families obtain become big reason for them to marry off their daughter in early age.

In order to prevent the child marriage practice, the government needs to have poverty reduction and economy empowerment programs for society by opening up job field (increasing job opportunity). Taiwan, South Korea, and Thailand which are popularly known as the East Asian Miracles have already proved that they could minimize the child marriage practice due to their high economy growth.

If it is analysed further, the government policies on social economy which are uneffective causing development gap among regions, sectors, society group. Afterward, it will cause prosperity and wealth gap among regions and society, and structural poverty. The strategic national policies to solve child marriage practice in all areas can be seen inside table below.

Ta b le 4 – P lan of pol ic y to so l ve the c hi l d ma r ri a ge pr a c t ic e No. Area Plan of Policy

01 Law a. Having political will and clear expression to stop the harmful traditional practices;

13 UNICEF, Early Marriage: A Harmful Traditional Practice (New York: United Nations, 2005).

b. Ratifying and implementing instruments of international law effectively, especially for woman and children protection, for instance: convention on consent to marriage, minimum age of marriage, and registration of marriages year 1964, international convention on the rights of the child year 1989, and Beijing rules;

c. Reforming law of marriage for instance: (a) by abolishing dispensary marriage institution; (b) by reconstructing thetrusteeship concept to avoid forced marriage (ijbar), and (c) bydeciding the equivalent minimum age to marry for male and female higher than before, 18 years old..

02 Politic a. Requiring building governmental bodies and national committees to against the child marriage practice;

b. providing financial assistance for governmental bodies and national bodies above;

c. Mobilizing all parties who want to be involved in giving real contribution to abolish the child marriage practice

d. Requiring full concentration and commitment to stop this practice, particularly in remote area.

03 Education a. Improving the quality and providing education facilities which are visionary and prospective so that society could rely on it.

b. Researching toward text books and curriculum should be conducted in order to abolish prejudices against women which isvery stereotype and gender bias.

04 Social-Religion Requiring solid cooperation among religious, traditional institutions involving social leader and figures in order to abolish the child marriage practice. The goals:a. Reinterpreting some religious verses which so far have been

wrongly interpreted to give formal justification toward theauthenticity of the child marriage;

b. Reconstructing the traditional values from society‘s mindsetpositioning child as asset and property;

c. Reconstructing idea in which women seen as second class societywho don‘t require education.

05 Economy a. Supporting acceleration of economy improvement and prosperity by opening up job field or increasing job opportunity since mostly poor families marry off their child to liberate from economic charge.

b. Generalizing economy development so that there is no gap among society and structural poverty.

2. Strategic Programs to Prevent the Child Marriage Practice

Every obstacle should be solved, not to be avoided, or even to be hidden. In this case, the child marriage practice, the researcher indeed has to define some programs and strategies to solve it. Below are some examples:

a. The Changing of Society Law Behavior through Law Awareness Movement

The method of the legislation law, as a tool, can be used as one of the support in the way of the social law behavioral changing. Such as, through law counseling which is the frequency, method, and the approach will be adjusted to the social intelligence level.

For example, for the villagers which are the majority being farmers, the formula of steps should be related and considered to their agrarian life.The steps which could be pursued:

(1) The improvement of society logical thinking, knowledge, and understanding. It could be done by obligating the villagers without any exception to attend the ―Kerja sambil Belajar (KEJAR)‖ package program (Studying while Working).

(2) Government should tighten their Wajib Belajar (WAJAR) Program (the Obligation for Studying) for school age children. It means that children in the village without any exception, after reaching the school age, should be facilitated for registering to the school. Moreover, government has made the education free through Bantuan Operasional Sekolah (School Operational Expense) program.

(3) Marriage Law Counseling Program (MLCP). The range of this counseling program should be increased, not only the frequency but also the target area, so the effectiveness of the program will reach the goal. Through MLCP, people should be guided to understand the main point of the marriage legislation, so they could knowand aware of the benefit of obeying that law.

The expectation is that people will realize that marriage legislation has decided the minimum age to marry, (the minimum age is 19) for men and (the minimum age is16) for women. Moreover, through MLCP people are expected to have more communal law awareness to delay their son/daughter‘s marriage for the better future. Therefore, one day, villager—even live in the remote area—will realize that child marriage (under18) is not only a marriage transgressor but also harmful and full of risk for their children.

Obedient culture to this law method should be pursued through a process. While, the process takes a long time to be able to reach the goal. It needs involvement and synergistic participation from various sides to be able to reach the goal, even adolescents and young men which join Remaja Masjid (Remas), Karang Taruna, Jamaah Maulid Nabi, etc.

b. The Improvement of Management and Marriage Administration

Marriage registration and record keeping should be obliged to anticipate the practice of undercover child marriage (siri), and to avoid the age imitation and forged identities. Criminalize discourse of siri marriage which emerges recently, for the sake of children and women protection, competent enough to be supported, campaigned, and insisted massively to the governor to be legalized as soon as possible.14

Hence authoritative groups‘ role related to marriage administration, such as: sub-district, district, religious affair office, are needed. The benefit of ratifying of this collective role is that every unqualified marriage request, like the age of the bride is under 18, could be canceled or even refused.

To sum up, there are 3 marriage requests that should be refused by marriage administrator for the sake of avoiding these kinds of marriage below:(1) The age of the bride or the bridegroom is under 18;

14 Ilyas Supena & M. Fauzi, Dekonstruksi dan Rekonstruksi Hukum Islam (Yogyakarta: Gama Media,2002), p. 88..

(2) The marriage dispensation cannot be served;(3) The brige or the bridegroom refuses their parents choice to avoid forced marriage

(ijbar).

c. Sex Education, Reproductive Health, and Premarital Preparation

Besides, under 18 year-old-children should be participated to the sex education, reproductive health, and premarital preparation programs. Topics related to the impacts of the child marriage should be included to the harmful traditional practice eradication program. The strategies are stated below:(1) Health problem related to the sex education, reproductive health, and premarital

preparation are included to the school curriculum through Sex Education, Reproductive Health, and Premarital Program (SERHAPP). The intentions are to increase the responsibility and parent-children harmony, also to raise young men‘s awareness about the harmful effect and the risk of child marriage.

(2) Audio-Visual Program (AVP), like: sketches, dramas, and educational packages about the harmful traditional practices influenced women-children‘s health, especially for child marriage, should be always prepared and produced.

(3) Mass medias should be mobilized to raise society‘s awareness about the harmful effect and the risk of child marriage and other similar practices, also the importance to eradicate it. Government and women-children care activists could be monitoring mass medias‘ role about this problem. Government should determine and work to get “Safe Motherhood” initiative.

(4) Government should admit and advance the women reproductive right, include their right in determining how many children they want to have and the distance of their children‘s age.

Considering that non-government organizations play important and effective role in forcing the government to increase the status of women health and give information to international organizations about the trend related to traditional practices that influence women and children‘s health regularly. They should give the reports of the progress and the obstacle in this program regularly.15

d. The Extension of Affordable Educational Access

In order to prevent the child marriage and minimize maternal mortality, government could apply the strategies below:1. Providing vocation trainings and apprentice programs for young girls to make

economies. Some vacancies in training courses should be for women as an affirmative action.

2. In addition, the programs above should be monitored to equip midwife, midwifes, and paramedics with skills and new knowledge they need. This program is so important to reduce the maternal mortality which is still in high level nowadays.

15 Read Saranga Jain & Kathlee Kurz, ―New Insights on Preventing Child Marriage: A Global Analysis on Factors and Programs‖, Artikel International Center for Research on Women (ICRW) untuk The United States Agency for International Development. April 2007. Read also B. Mensch, ―Trends in the Timing of First Marriage‖, Presentation at the WHO/UNFPA/Population Council Technical Consultation on Married Adolescents, Geneva, 9–12 December 2003 (New York: UNFPA, 2004).

3. Government should do a counseling to help women pregnancy to break the taboos related to the myth and all of the dangerous traditional pregnancy practices, through education, law and regulations, also by monitoring.

Table 5- Plan of action to prevent the child marriage

No Plan of Action Programs and Strategies1 The Changing of Society Law

Behavior trough Law Consciousness Movement

2 Management and MarriageAdministration (MAP) Improvement

3 Sex education, reproductive health, and premarital preparation

4 The Extension of AffordableEducational Access (PAP)

a. The improvement of impecunious villagers‘ knowledge through ‗Kejar‘ package program (studying while working).

b. Government should tighten their WAJAR Program (The obligation for studying) for schoolage children.

c. Marriage Law Counseling Program (MLCP).a. Marriage registration and record keeping should

be obliged to anticipate the practice of undercover underage marriage (siri), and to avoid age imitation and forged identities.

b. Siri marriage should be criminalized.c. Authoritative groups‘ role related to marriage

administration, like: sub-district, district, KUA, is needed. The benefit of ratifying this collectiverole is that every request of marriage which isunqualified, like the age of the bride is under 18, could be canceled or even refused.

a. Sex education, reproductive health, andpremarital preparation are included to the schoolcurriculum to raise young men‘s awarenessabout the harmful effect and the risk of child marriage through Sex Education, Reproductive Health, and Premarital Program (SERHAPP)

b. Audio-Visual Program (PAV), like: sketches, dramas, and educational packages about theharmful effect of traditional practices influenced women-children‘s health, especially for child marriage, should be prepared and produced.

c. Mass Medias should be mobilized to raisepeople‘s awareness about the harmful effect andthe risk of child marriage to get “SafeMotherhood” initiative.

d. Government should admit and advance the women reproductive right, include their right indetermining how many children they want tohave and the distance of their children‘s age.

a. Providing vocation training and apprentice programs for young girls from impecuniousfamily to make economies.

b. There should be effective training programs for traditional midwifes, midwifes, and paramedicsto equip them with skills and new knowledgethey need. This program is so important to

r edu c e t he m a t e r n al m o rt a li t y w h i ch i s s t i l l i n

high level nowadays.

Conclusion

It has no doubt that strong intention from the government is needed to solve the issue of child marriage. In the power-based approach, the government is expected to establish the governmental bodies and national committees as well as providing financial assistance for them. Through institutions that are under their authority, the government was able to focus his concentration to eradicate the practice of child marriage in the enclaves, particularly in poor villages-lagged.

In the top-down management perspective, government can reform the marriage laws, such as, by removing the marriage dispensation institution, review the cocept of the trustee to avoid the forced marriage (ijbar), and determine the minimum age to marry for boys and girls (in equal and higher than before), which is 18 years old.

Moreover, the problem about child marriage can be solved by using a model of rights-based approach child marriage prevention. The paradigm of this approach is using the litigation, by criminalizing the perpetrators and other parties involved in it and then process it on trial. For that, it needs mutually-accepted legal instruments, such as laws, regulations, policies conventions, contracts, traditions, and others. It should be sure that the legal instruments do not contradict each other (harmony), as has been discussed clearly before. If it is not realize, inter law instrument paradox will be the weak side of the law for child marriage offenders to circumvent or even to find the shelter from the law.

Furthermore, it can be achieved by interest-based approach child marriage prevention. This bottom-up approach, according to the researcher, should be pursued as an alternative treatment models in solving the child marriage issue in Indonesia. In this model, those who commit such harmful traditional practices have the greatest authority. They should be counseled not to continue the practice of the child marriage, because of the risks and losses.

Many parties have notion that this approach is more humane and promising because it emphasizes the awareness and repentance of the perpetrators. In addition, this model is also nonviolent, non-dominating, and non-discriminating. This approach needs to be exerted in order to become a mainstream in managing the child marriage practice in Indonesia. The best way to support this interest-based approach handling model is by improving the education level of the society. Because educated people tend to be able to think logically and rationally. Myths about social life, including the practice of child marriage, will slowly erode by itself.

Although the last interest-based approach is believed to be more humane, it does not mean that the other approach models should be abandoned. Indeed, according to the researcher, the best approach for Indonesia in the future is by using the base interest (consciousness) as a principle in solving the child marriage issues. However, it should be followed by rights-based approach which guarantees that all of citizens have the same rights to be protected by law. Finally, if necessary, it can use power-based approach, although still with the proviso that the country would understand the temptation of using this approach. Here is the image of the transformation mechanism and loop back in handling the children marriage:

Interest-Based

Power-Based Approach Right-Based Approach

It should be admitted that the power-based approach is often chosen to solve the issue of child marriage in Indonesia. But slowly, this dependence must be reduced for the next is being combined with law and interest-based handling. In short, it should pursue a handling model with rotating dynamic spectrum, from interest-based approach to rights-based approach to power-based approach

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