ANALISlS JENDER DALAM ILMU HUKUM UNTUK MENGKRITIKI HUKUM PERKAWINAN INDONESIA

Sumiarni, M.G. Endang (2002) ANALISlS JENDER DALAM ILMU HUKUM UNTUK MENGKRITIKI HUKUM PERKAWINAN INDONESIA. Phd thesis, UAJY.

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Abstract

This writing is about Gender Analysis in Legal Science to eritizise Jndonesian Marriage Law. lt aims at criticizing the patriarchal Indonesian marriage law, developing concepts and standards of marriage la\' vvhich has gender justice, and creating the formulation of marriage Jaw vvhich has gender justice. This is a normative research, carried out by doing abstraction found out through inductive process from the norms of positive. lavvs in forms of systirnatization and synchronization of marriage law vertically as well as horizontally. The approach used is b nder approach toward marriage lavv. It is focused on norms of marriage law, especially the difference of the rights and obligation of husband and wife. It is an intenliciplinary \vork using other disciplines for legal explanation such as sociolot,J}' of law, legal politics, and anthropology of lavv. Law materials used are norms of statute laws, adat law, rdigion laws on marriage, and documents of divorce sentences, books and opinion of the scalars. Man•iage viewed from its meaning and aims, its requirements and legality, rights and duties of husband and wjfe, marital agreement, ejther found jn statute laws or religious laws, adat law and divorce sentences seems to be patriarchal. The husband and wife do not have the same rights and roles, there is difference in gender because of public and private dichotomy concepts, idiologies, the ditTerence in sex and gender, the concepts nature and nurture, and the patriarchal relationship with nature. Values of these concepts are adopted in marriage law. The fom1ulation of marriage law from language perspective and policy of epistemology point of view is not neutral trasfonnatively, therefore law is neither neutral nor obyective, but patdarc.haL The state has an interest jn legal formulation. The theoretical and ideological bases for substantive similarityin forms of functional structural theoryconflict theory, and also liberal feminism theory can be used to develop legal concepts and legal standard associated with gender, to create marriage law having gender justice by giving equality based on substantive similarity for husband and wife.

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