Regent's Regulation On Contract Marriage Prohibition Waits For West Java Provincial Government Evaluation

CIANJUR - The Cianjur Regency Government, West Java, is still waiting for an evaluation from the West Java Provincial Government regarding the stipulation of a regent's regulation (perbup) that prohibits contract marriage in Cianjur. The Perbup that was launched did not include the number and strict sanctions that ensnared the perpetrators of contract marriages.

"The Perbup that I have signed has not been given a number and has not been determined because it is still waiting for an evaluation from the Governor of West Java. After it is approved by the provincial government, further socialization will be carried out regarding the prohibition of contract marriage in Cianjur and a regional regulation will be made," said Cianjur Regent Herman Suherman, quoted by Antara, Sunday, June 20.

Herman explained that the sanctions applied were still within the limits of social sanctions. In addition, if in the marriage contract elements of human trafficking or women are found in it, they will be subjected to criminal penalties in accordance with Law No. 21/2007 concerning the Crime of Human Trafficking.

Likewise, if it involves a child, it can be brought to court for violating Law Number 3 of 2002 concerning Child Protection which has been changed to Law Number 35 of 2014.

"Sanctions after being ratified and the ban on contract marriage in Cianjur still prioritizes social sanctions, but in the future, it will be included in regional regulations with strict sanctions that will be regulated in accordance with the legislation," said Herman.

His party will discuss it in higher regulations or regional regulations that will be ratified with the legislature because discussions related to regional regulations take a long time. In the future, strict sanctions related to contract marriages will not only be social sanctions.

The Head of the Legal Division of the Cianjur Regional Secretariat, Sidiq El-Fatah, said that the perpetrators of contract marriages can be brought to justice if there is a criminal violation of human trafficking and also a violation of child protection in accordance with the applicable law.

"We will discuss together in the regional regulation regarding strict sanctions that will be imposed later for contract marriage actors. For now, even though it is only a social sanction, the perpetrator can be charged with the applicable law," said Sidiq.

Meanwhile, in the regent's regulation in Article I paragraph 6 it is explained that a contract marriage is a marriage within a certain period that has been determined and after that, the marriage bond is no longer valid.

In paragraph 7 it is stated that the prohibition of contract marriages is an effort in the form of policies, programs, activities, social actions, and other efforts by the regional government, the community, and related institutions to prevent contract marriages in Cianjur.

Whereas in article 2 it is explained that the prohibition of contract marriage aims to realize gender equality and protection for women and children. Regarding the sanctions to be applied, it is stated in article 7.

"Violations of efforts to prevent contract marriages as referred to in Article 5 letter a will be subjected to sanctions in accordance with the provisions," said Sidiq.