Forced Marriage: Implementation of the Mandatory Provisions of the Bride’s Consent in Indonesia

Subeitan, Syahrul Mubarak

doi:10.31958/juris.v21i1.5581

Cited by 5 publications

(5 citation statements)

References 4 publications

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“…In the closing part, the dancer returns to a kneeling position as a form of expression of gratitude for the course of the show. This conveys a limitation in the knowledge of the dance composition if the movement of the upper region (chest to head) reflects a spiritual character (Soedarsono, 1999;Subeitan, 2022).…”

Section: Jip-the Indonesian Journal Of the Social Sciences {61mentioning

confidence: 99%

The Social Construction of the Banjar Ethnic Society Toward the Radap Rahayu Dance

Nugraheni,

Artaria,

Sutinah

et al. 2024

jip

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The Radap Rahayu is a ritual dance performed today by the Banjar ethnic group in Gambut District, Banjar Regency, South Kalimantan. It is used for traditional Banjar rituals, such as weddings, bathing, and building erections. This research aimed to describe the importance of the Radap Rahayu dance for the Banjar people and its relation to their well-being and spirituality. This qualitative research used a theoretical framework established by Berger and Luckmann (1990). Through the social construction theory, the researchers explored how the Banjar people make sense of their culture and express their spirituality through art. The informants were determined using purposive sampling on 25 individuals, and data collection was conducted through observations and in-depth interviews. The data was analyzed using thematic analysis and reviewed based on existing literature. The findings showed that the function and meaning of the Radap Rahayu dance, according to the Banjar people, are not merely an art performance but a vital ritual integrated into their daily lives. The researchers identified limbai movement, spiritual meaning, spiritual beings, and guardian crocodiles as domains of social construction. This aligns with the framework, highlighting that a phenomenon displays multiple realities.

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Section: Jip-the Indonesian Journal Of the Social Sciences {61mentioning

confidence: 99%

The Social Construction of the Banjar Ethnic Society Toward the Radap Rahayu Dance

Nugraheni,

Artaria,

Sutinah

et al. 2024

jip

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show abstract

“…The Universal Declaration of Human Rights only mentions a number of rights that every woman receives and enjoys. 16 Protection for women victims of forced marriage is also clearly regulated in CEDAW. CEDAW is an international convention that specializes in women's human rights issues, including in this case eliminating all forms of discrimination against women.…”

Section: Legal Protection For Women Whose Human Rights Are Violated D...mentioning

confidence: 99%

Analysis of Guarantee’s Rights in Marriage by Perspective of Womens’s Study Center of Sunan Kalijaga UIN: A gander Perspective Study

Abdilah

2023

jas

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Based on the changing meaning of ijbar, which the majority of Indonesians equate with ikrah, especially from the gender perspective of the Women's Study Center at UIN Sunan Kalijaga, researchers are encouraged to do the following research . From the perspective of gender institutions, what is the development of the implementation of Ijbar rights in Indonesia today? Equality, UIN Sunan Kalijaga Women's Studies Center? (3) Women's human rights degraded as a result of forced marriage as a result of the use of ijbar in marriage, based on the perspective of UIN Sunan Kalijaga's Center for Women's Studies What are the legal protections for the research? As a research type, we have adopted a field research with a statutory formal approach. The data analysis method uses descriptive analysis in multiple stages such as pre-study, data processing, data validity check and data analysis. All data were obtained by observation and interview methods. The research showed that after the enactment of the Marriage Law and the compilation of Islamic law, absolute rights to izibals became unenforceable in Indonesia. Many articles indicate that permission for newlyweds or would-be couples is an important part of the wedding ceremony itself. According to UIN Sunan Kalijaga's Center for Women's Studies, Ijbar's conception of her Fiqh There are legal grounds. The basis is in the hadiths of the Prophet found in various hadith books. As one of the concepts forming the legal basis of fiqh in relation to the rule of law, fiqh experts hold mixed opinions on forced marriage (ijbar). The Women's Studies Center at UIN Sunan Kalijaga offers her two types of legal protection in terms of Islamic law to women whose human rights have been violated as a result of marriage to Ijbar rights. First, all women have an equal right to choose a partner. Second, women may be asked by their guardians permission to marry without their knowledge or consent.

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“…The background of divorce tends to vary, as do infertility, financial difficulties, poor communication between family members, and a lack of sexual satisfaction (Aye et al, 2016). The results of other studies mentioned that the cause of divorce is motivated by the level of education, type of work, economic level, moral crisis, domestic violence, and forced marriage (Subeitan, 2022).…”

Section: Divorce and Barriers To The Realization Of A Strong Familymentioning

confidence: 99%

The Transformation of the Dilemma of Role Exchange in the Household: Analyzed Gender in Family Resilience Discourse in National Law and Islamic Law

Abubakar,

Saadah,

Na'mah

2023

JIS

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This article analyzes the dilemma of changing roles in a household that is often unequal. Inequality occurs due to the wife's dominant role in meeting the family's needs; the wife bears a double burden compared to the husband. This study uses qualitative research with a literature research system through a formal juridical approach and gender analysis. The subject of this research refers to the articles in the Marriage Act and Compilation of Islamic Law. Researchers chose purposive sampling based on specific criteria and categories that can be described and analyzed. The findings of this study indicate the dilemma of relationships and roles in the household, where the ideal relationship within the family must be a provision for family resilience to realize national resilience. In addition, working women must be able to carry out their rights and obligations in a balanced way, even though information technology and the media are challenges to family life today. The optimization of the marriage guidance program and the reconstruction of Islamic Family Law and the Marriage Law must serve as an affirmation basis for the dynamics of marital relationship patterns. However, society must also understand that the social role of a partner is not absolute. His position can be exchanged as needed for the continuation of the marriage.

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Forced Marriage: Implementation of the Mandatory Provisions of the Bride’s Consent in Indonesia

Cited by 5 publications

References 4 publications

The Social Construction of the Banjar Ethnic Society Toward the Radap Rahayu Dance

The Social Construction of the Banjar Ethnic Society Toward the Radap Rahayu Dance

Analysis of Guarantee’s Rights in Marriage by Perspective of Womens’s Study Center of Sunan Kalijaga UIN: A gander Perspective Study

The Transformation of the Dilemma of Role Exchange in the Household: Analyzed Gender in Family Resilience Discourse in National Law and Islamic Law

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