PENYELESAIAN HUKUM KEKERASAN SEKSUAL TERHADAP PEREMPUAN DALAM MASYARAKAT MATRILINEAL DI SUKU BAJAWA KABUPATEN NGADA PROVINSI NUSA TENGGARA

Sowo, Yachobiliam Samuel (2014) PENYELESAIAN HUKUM KEKERASAN SEKSUAL TERHADAP PEREMPUAN DALAM MASYARAKAT MATRILINEAL DI SUKU BAJAWA KABUPATEN NGADA PROVINSI NUSA TENGGARA. S2 thesis, UAJY.

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Abstract

The title of this study is "Judicial Settlement of Sexual Violence Against Women in Matrilineal Society in Tribal Bajawa Ngada East Nusa Tenggara Province". The results of this study aims to identify and examine the factors the occurrence of cases of sexual violence against women in the matrilineal society in the tribal Bejawa, and about the legal settlement. Type of research is conducted normative legal research based on secondary data. This study took data sources derived from primary legal materials and secondary law. Primary legal materials are laws and remedies under customary law. Secondary legal materials used are legal and non-legal opinion that can be found in books, research, media newspapers or magazines, the internet and dictionary, which is related to a legal settlement sexual violence against women. Method of data collection was done through interviews and literature study. Data analysis includes a description, systematization, legal interpretation, and assessment of positive law and customary law. From the research, the authors can conclude that, the main factors causing the occurrence of cases of sexual violence against women in matrilineal societies in parts Bajawa is the lack of courage of the victims and families to make the case became public, as well as a shift in cultural values and human mindset undergoing changes. This fact led to the imbalance between the understanding of the concept of matrilineal kinship system with the welfare of women and became a background case of sexual violence against women that still occurs in matrilineal societies in parts Bajawa. Legal settlement that is used today refers to a legal posisitif legislation. While customary law matrilineal societies in parts Bajawa often used in civil cases such as the settlement of land disputes.

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