Child-free in the Perspective of Positive Law in Indonesia

The decline in birth rates in Indonesia, reflected in the decreasing Total Fertility Rate and the increasing percentage of women choosing to be child-free, raises concerns about the country’s demographic structure. The child-free phenomenon is influenced by external factors such as economic and social conditions, as well as internal factors like decision-making maturity and family experiences, significantly impacting Indonesia’s population dynamics. From an Islamic legal perspective, the decision not to have children or to be child-free is recognized and permitted, considering the underlying motives. According to Imam Al-Ghazali, the act of rejecting the existence of children, if done before the sperm enters the woman’s womb, is legitimate and permissible. Good motives, such as financial or health reasons, are acceptable, while incorrect motives render the child-free decision impermissible. Legally, the choice to be child-free is protected by the Indonesian constitution and laws that guarantee human rights, personal freedom, and gender equality. Health policies and family planning also support the right of individuals or couples to decide on the number of children or to choose not to have children. Although there are no regulations prohibiting being child-free, the state still views the purpose of marriage as having good and healthy offspring, while respecting individual rights and freedoms. The state is expected to create policies that support individual choices while maintaining population balance to prevent potential sex recession and ensure the continuity of future generations.