Bias Gender dalam Hukum Acara Perceraian di Indonesia: Latar Belakang, Dampak, dan Solusinya

Abstract

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.

Qiwamah's Reconception of Muhammad Shahrur's Thoughts and Their Implications for the Feminist Movement in the World

“…26 So that the concept of qiwamah developed by Jumhur Ulama also gives legitimacy to the assumption circulating in mainstream culture that divides the roles between men and women into two domains, namely men are conceptualized as someone playing a role in the public sphere while women are in the domestic sphere. 27 Meanwhile, Muslim feminists consider that the qiwamah construction that has been developed by the above scholars contains gender injustice. 28 The jumhur ulama, according to them, has affirmed the concept of asymmetric gender, which places men as dominant subjects and has a high degree because of their role as leaders and, therefore, breadwinners in the family.…”

Legal Age Equality in Marriage According to Indonesian Positive Law in the Studies of Gender and Maqāṣid Al-Sharia

“…Especially in family life, women are often subordinated in it. Women are often considered complementary and are obliged to carry out mere domestic chores 22 due to the sense of motherhood they have. Meanwhile, in public matters, women are considered not to have the ability to perform formal tasks because they do not have adequate rational abilities.…”