MARITAL RAPE IN INDONESIA: A STUDY OF THE NATIONAL COMMISSION ON VIOLENCE AGAINST WOMEN'S ANNUAL NOTES FOR 2019-2021

Azhariyya Noor Oktaviana, NIM.: 17103050097 (2023) MARITAL RAPE IN INDONESIA: A STUDY OF THE NATIONAL COMMISSION ON VIOLENCE AGAINST WOMEN'S ANNUAL NOTES FOR 2019-2021. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Family is intended to be the safest environment for family members. However, it is pretty common for a family member to commit domestic violence. Husbands frequently conduct violence against their spouses, especially in married situations. The type of domestic violence under consideration in this study is marital rape. The number of reported instances of domestic violence increased in the context of covid-19, according to Komnas Perempuan's Annual Notes. However, the number of recorded instances of marital rape has plummeted. The type of research the compiler utilized is qualitative research method. This study employs descriptive analysis research characteristics to acquire a thorough grasp before analyzing the data using deductive reasoning. In arranging this thesis, legal sociology is employed as a research approach, it is a discipline that empirically and analytically evaluates the mutual interdependence between law and other social symptoms. Since the compiler conducts library research, the documentation method is used to gather data. This technique involves gathering information from various sources, such as documents and archives related to the specific subject. The conclusion of this study indicates that the variables which contributed to the decrease in marital rape recorded in the Annual Notes are related to the community's inadequate implementation of the law on marital rape, resulting in Komnas Perempuan's ineffectiveness in dealing with marital rape cases during the pandemic. Moreover, the forms of marital rape occurrences in the Komnas Perempuan’s Annual Notes include forced sexual intercourse during the wife’s menstrual cycle, sodomy, and when the wife is feeling unwell. These forms are compliant with Islamic law (as well as Law No. 23 of 2004), which forbids any sexual relationship that causes harm to one of the parties.

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