Law Protection for Post Divorced Women Through Law Enforcement with a Gender Perspective

Abstract

ABTRACT--The woman protection has been guaranteed by the state through the principle of equality before the law without discrimination. Women’s access to religious courts has a lot to do with divorce cases that indirect contact with women’s rights after divorce in form of iddah and mut’ah. In reality, law enforcement in divorce cases, judges’ decisions have not been gender perspective, the problem is how legal protection for women in resolving divorce cases through judges’ decisions And how legal protection for women after divorce through law enforcement with a gender perspective according to PERMA Number 3 of 2017. This research method is a normative juridical research supported by empirical juridical. This study uses the rule of law theory,as a grand theory and Positivism theory as a middle range theory and a theory of legal protection as an applied theory and as a reinforcing theory supported by responsive theory and maslahah mursalah theory. The legal materials used are primary, secondary, tertiary legal materials and field data as a complement. Based on research result, the state has guaranteed women with the principle of equality before the law. The perspective of the protection of women in the aftermath of divorce in Article 149 Compilation of Islamic Law does not accommodate the needs and interests of women which are only intended for Talak Divorce, but the judge needs to be responsive to consider the interests of women with gender equality and the benefit of women that make PERMA Number 3 of 2017 as an legal umbrella that concerning Guidelines for Judging the cases of women Confronting the Law , so that law enforcement has a gender perspective for the proteciton of women.