The Dialectics Feminism Paradigm Of The Legal Marriage As A Form Of Legal Protection In Girls

Achmad Hariri
2021 Syariah Jurnal Hukum dan Pemikiran  
The constitution as the basis of the state provides an indication that all Indonesians have the same rights, see Article 27 (1) of the 1945 Constitution, including the position of women and men. However, the domination of partiarchic culture positions women as a subaltern of men. For the paradigm of Feminism Legal Theory, law is a product of men, so that it becomes a barometer that legal products is men, such as determining wages in labor laws, laws related to the environment and laws on
more » ... e. Recently there was an interesting incident, when the Constitutional Court granted the Judicial Review request related to the minimum age of marriage, where in the Marriage Law before the revision there was a relatively quite difference of ages in children, 16 years old for girls and 19 for boys. After the Constitutional Court Decision No. 22 / Puu-Xv / 2017, then the Government revised Law No. 1 of 1974 on marriage to become Law No. 16 of 2019 concerning Amendments to Law 1 of 1974 regulates the age limit for marriage, especially women who are at least 19 years old can marry, same as men. Does this indicate that Indonesian legal politics leads to the paradigm of feminist legal theory or Feminism Legal Theory (FLT). In fact there are many norms in laws that are gender biased, including in Law no. 16 of 2019. The approach in this study uses a statute approach and a conceptual approach.
doi:10.18592/sjhp.v21i2.3992 fatcat:h3ognheoenc4tlrkknr6yyi5h4