Hak Untuk Menikah Bagi Penyandang Tuna Grahita Di Indonesia

Abstract

One of the human rights that stipulated in the Indonesian Constitution second amendment is the right to build a family and to have a lineage. Such right is also owned by the disabled people, as regulated in Article 5 paragraph (1) Act Number 8 of 2016 regarding Disabled People. Principles which are embraced by such Act are non-discrimination and homage to the disabled people. People with intellectual disability are categorized as the disabled people according to the Disabled People Act since they have intellectual limitation. They are categorized into people who should be under guardianship according to Article 433 Indonesian Civil Code, while Article 14 paragraph (2) Act number 1 of 1974 permits the parties whom mentioned in the paragraph (1) to prevent the marriage that will be held by a person or persons under guardianship. The Article violates the nondiscrimination and homage principle in the Disabled People Act, and Article 28B of the Indonesian Constitution second Amendment which affirms that every person has a right to build a family and to have a lineage. Therefore, the provision in the Article 14 paragraph (2) should be conformed or revoked so it will be in line to the provisions in the Indonesian Constitution second Amendment and Disabled People Act. However, the consequences are the objective of marriage, the rights and obligations of husband or wife in a marriage will not be well comprehended and aware of by one or both parties because of the intellectual disability.