Antasari, Rr. Rina Islam and Domestic Violence between Husbands and Wives: Indonesian Social and Cultural Perceptions. Islam and Domestic Violence between Husbands and Wives: Indonesian Social and Cultural Perceptions.
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Abstract
The problem of domestic violence between husband and wife is a concern to various parties both nationally and internationally. This is because the nature of the problem is overly complex after all the parties involved (perpetrators and victims) already having a sacred legal relationship bound by the Marriage Institution. The existence of Law No. 23 of 2004 concerning the Elimination of Domestic Violence (UUPKDRT), as a legal umbrella for preventing and resolving problems of domestic violence (KDRT) turns out that its effectiveness up to now still faces obstacles, both in the legal process and after the Judicial Decision. By serving qualitative data, several cases and legal systems of domestic violence were presented by collecting information from global and Indonesian social and cultural perception and responses of the key informants regarding to this issue. Focus group discussions and the secondary data consist of primary, secondary, and tertiary legal sources were performed. Data were analyzed descriptively to reveal the domestic violence cases between based on global and Indonesian social and cultural perception. In litigation victims, especially women, have not found the sense of justice. The substance of the UUPKDRT was found to have multiple interpretations and was entirely taken from the results of the CEDAW convention without fully upholding the socio-cultural values of the Indonesian people that are inherent in the pattern of kinship systems. Furthermore, the role of the state through its organizations in looking at domestic violence problems lies in individualistic and collectivistic perceptions that are united. The role of the State should be expected to be able to treat both according to their functions and raise wise cultural values during people's lives in solving domestic violence problems.
| Item Type: | Article |
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| Subjects: | Syariah dan Hukum > Hukum Tata Negara |
| Depositing User: | Unnamed user with email uin@radenfatah.ac.id |
| Date Deposited: | 26 Oct 2022 01:39 |
| Last Modified: | 26 Oct 2022 01:39 |
| URI: | http://repository.radenfatah.ac.id/id/eprint/23214 |
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