印尼离婚法中的性别偏见:背景、影响和解决方案

Ramadhita Ramadhita
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引用次数: 1

摘要

在许多国家,妇女的性别平等是一个有趣的问题。颁布了各种条例,以支持在各个领域,包括在婚姻领域实现男女平等。然而,在宗教法庭的离婚程序法中仍然存在对妇女的歧视。如果妻子未经丈夫许可不离开共同住所,她可以根据自己的住所向宗教法院提出离婚。本文旨在描述离婚程序法中性别偏见的成因、影响和解决方法。这篇文章是基于理论法研究与成文法,历史和概念的方法。本研究结果表明,宗教法院离婚诉讼中的性别偏见是法律草案讨论期间政治动态的影响。因此,在宗教法庭的判决中存在性别不平等。妻子提出的离婚可以被丈夫排除,因为它违反了相对能力。解决的办法是,法官应该利用2009年第48号关于司法权的法律规定的自由原则。此外,法官需要根据印度尼西亚最高法院2017年第3号条例的规定,使用基于性别的解释。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Bias Gender dalam Hukum Acara Perceraian di Indonesia: Latar Belakang, Dampak, dan Solusinya
: Gender equality for women is an interesting issue in many countries. Various regulations are enacted to support the creation of gender equality between men and women in various fields, including in marriage. Nevertheless, there is still discrimination against women in the divorce procedural law in religious courts. The wife can file for divorce at the religious court according to her domicile if she does not leave the joint residence without the husband's permission. This article aims to describe the history of the causes of gender bias in divorce procedural law, its effects, and solutions . This article is based on doctrinal law research with a statutory, historical, and conceptual approach. The results of this study indicate that gender bias in divorce procedural law in religious courts is the impact of political dynamics during the discussion of draft laws. As a result, there is gender inequality in religious court decisions. Divorce proposed by the wife can be excluded by the husband because it violates relative competence. The solution is that judges should use the principle of freedom as mandated by Law Number 48 of 2009 concerning Judicial Power. In addition, judges need to use a gender-based interpretation as mandated by the Indonesian Supreme Court Regulation Number 3 of 2017.
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