印尼东努沙登加拉省Belis传统下的妇女权利侵犯

Wawan Suriadi, Shahrul Mizan Ismail
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引用次数: 1

摘要

印度尼西亚作为一个法制国家,已经批准了几项国际法文书,以保护妇女的权利。但限制和侵犯妇女权利的现象仍然普遍。在东努沙登加拉,高额嫁妆或贝利斯经常引发对妇女的暴力行为。这是由于这样一种看法所引起的,即当男子支付了嫁妆或贝利斯后,妇女的权利转移到妇女的家庭,这最终使男子有能力和武断地实施暴力行为。因此,本研究的目的是更全面地从国际法的角度审查给予贝利斯或嫁妆的做法,并分析国际法和国内法在多大程度上保护暴力受害妇女的权利。本研究是采用定性方法的法学理论研究。这项研究是通过研究与所研究问题有关的国家和国际立法、书籍、文章、期刊和科学报告等文献进行的。从这项研究中发现,在婚姻中以嫁妆的形式赠送Belis的做法是一种文化习俗,也作为生活方式或文化权利的一部分受到国内法和国际法的保护。以限制妇女权利的形式出现的暴力行为由于偿还了比利斯的债务,是对妇女人权的侵犯。所以这两件事必须从两个不同的角度来看待。国家和国际法律文书的数量并不能保证它能够克服对妇女的暴力行为问题。社会的法律文化以高度的法律意识和国家的意愿和承诺的形式向前迈进了一步,以提供对妇女权利的保护。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
A Violation of Woman’s Rights under Tradition of Belis in East Nusa Tenggara, Indonesia
Indonesia as a legal state has ratified several instruments of international law in order to protect women's rights. But restraint and violations of women's rights are still common. In East Nusa Tenggara, high dowry or Belis often trigger violence against women. This is triggered by the perception that the transfer of women's rights when the dowry or Belis has been paid by the men to the women’s family who ultimately give the ability and arbitrariness of men to commit acts of violence. So, the purpose of this study is to review more comprehensively how the practice of giving Belis or dowry in terms of international law and analyze the extent to which international and national law provides protection for the rights of women who are victims of violence. This research is legal doctrinal research using qualitative method. This research was conducted in literature by studying legislation at the national and international level, books, articles, journals, scientific reports related to the issues studied. From this study, it was found that the practice of giving Belis in the form of dowry in marriage is a cultural practice that is also protected by domestic and international law as part of the way of life or cultural rights. Acts of violence in the form of restraint on women's rights due to the repayment of Belis is a violation of women's human rights. So that these two things must be seen from two different sides. The number of national and international legal instruments does not guarantee that it can overcome the problem of violence against women. The legal culture of society in the form of high legal awareness and the willingness and commitment of the state is one step forward in order to provide protection of women's rights.
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