KAJIAN UNDANG-UNDANG NOMOR I/1974 TENTANG PERKAWINAN BERDASARKAN FEMINIST LEGAL THEORY DAN UNDANG-UNDANG NOMOR 7 TAHUN 1984 TENTANG PENGESAHAN KONVENSI PENGHAPUSAN SEGALA BENTUK DISKRIMINASI TERHADAP WANITA
| Main Authors: | , PUSPANINGTYAS PANGLIPURJATI, , Ninik Darmini, S.H.,M.Hum. |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2013
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/119453/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=59455 |
Daftar Isi:
- The purposes of the research titled �Study of Law Number 1 Of 1974 On Marriage Based On Feminist Legal Theory and Law Number 7 Of 1984 About The Ratification Of Convention On The Elimination Of All Forms Of Discrimination Against Women� are to study about how Indonesian Marriage Law gives some protections to women�s right in the marriage field. Then, to study why feminist legal theory contained in the convention above has not been applied on the Indonesian Marriage Law by doing any revision. Based on research characteristic, this research is a juridical normative research. It means, the writer studies about the contains of Indonesian Marriage Law as a law that applied by the community. According to the research characteristic, then the writer has two ways of research, such as library research and field research. Library research was done to get any primary data, and field research was done to get any secondary data. Then, the analysis was done by qualitative method. After doing some researches, the writer has gained some results. First, on the making step, based on the study of the document, the writer could understand that the law maker had a good will to give a good protection to women�s right in the marriage field. But then, the difference of the social, political, cultural and religion background among the law makers made the execution was rather different from the plan. Not too different from the making step, on the execution step, the studies gave some evidences that Indonesian Marriage Law still contains of some discriminatory articles against women. Second, the reasons why feminist legal theory that be contained in the �Convention on the Elimination of All Forms of Discrimination Against Women� has not been applied on the Indonesian Marriage Law by doing any revision. The lack of awareness about the gender concept and the women�s right in the marriage by the law maker makes the law so difficult to be reviewed. Then, the other reasons are the contradictory opinion between the fundamentalist and the reformist, and the last but not least, the difficulty to match between the religion and cultural values with the will to review the Indonesian Marriage Law in order to accommodate the women�s need.