RELASI LAKI-LAKI DAN PEREMPUAN DALAM KELUARGA MUSLIM DI INDONESIA: KAJIAN NORMA DAN DAMPAK PRAKTIK HUKUM

Rohmansyah, S.H., NIM.: 20203012101 (2023) RELASI LAKI-LAKI DAN PEREMPUAN DALAM KELUARGA MUSLIM DI INDONESIA: KAJIAN NORMA DAN DAMPAK PRAKTIK HUKUM. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Indonesia has updated Islamic family law from the power of classical texts to the format of the Law, namely the Compilation of Islamic Law (KHI). The reform is intended to accommodate several demands, including efforts to improve the status of women in the field of family law. However, the legal material in the IHL is considered by some to still prioritize men over women (superior-inferior). Therefore, this research is focused on seeing how far the KHI has improved the status of women and on the other hand still prioritizes the interests of men in family law. In addition, to determine the impact of KHI provisions on legal practices and discourses that develop in Indonesia. This research is a qualitative-literature research that is descriptive-analytical. While the approach used to assess the relationship between men and women in this study uses a gender approach with primary data obtained from IHL and several court decisions and news related to legal discourse that developed after the birth of KHI. In addition, this research is supported by skunder data that is considered relevant to the research theme in the form of books, articles / journals, and several websites. The results of this study indicate that: first, the Compilation of Islamic Law (KHI) has given equal legal status to the relationship between men and women and in addition, KHI also maintains the legal status of inequality between men and women. The values of equality in KHI can be seen in the following legal provisions, namely: 1) The meaning of marriage; 2) Divorce and reconciliation; 3) Parenting. The value of inequality can be seen from the following legal provisions, namely: 1) The position of the rights and obligations of husband and wife; 2) Polygamy: relaxed terms and conditions; 3) Nusyūz concept; 4) The concept of inheritance: Formulation 2:1; 5) Marriage guardian; and 6) The issue of mourning period. Second, legal provisions that maintain inequality as mentioned above have had two impacts, namely: 1) in practice, these provisions have had an impact on the continuation of Domestic Violence (KDRT) by men, because they perceive this as part of the use of their authority. Besides that, the inequality provisions also create a double burden for women in carrying out household life. 2) There is a growing legal discourse, including efforts to improve legal status and offers to update KHI materials from various groups. This can be seen from the emergence of the Draft Law on Applied Law for the Religious Courts (RUU-HTPA) and the Counter Legal Draft-Compilation of Islamic Law (CLD-KHI).

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