FORSAKING EQUALITY: EXAMINE INDONESIA’S STATE RESPONSIBILITY ON POLYGAMY TO THE MARRIAGE RIGHTS IN CEDAWΩ

Annalisa Annalisa Yahanan, M.Hum (2018) FORSAKING EQUALITY: EXAMINE INDONESIA’S STATE RESPONSIBILITY ON POLYGAMY TO THE MARRIAGE RIGHTS IN CEDAWΩ. Jurnal Dinamika Hukum Fakultas Hukum Universitas Jenderal Soedirman, 18 (2). pp. 183-193. ISSN ISSN 2407-6562 (Online) ISSN 1410-0797 (Print)

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Official URL: http://dinamikahukum.fh.unsoed.ac.id/index.php/JDH...

Abstract

Human rights violation (HRV) occurs when a state including its organs commits HRV to individual within its jurisdiction. International Law has formulated a wide range of human rights law, especially the CEDAW which has been ratified through Law No. 7 of 1984. However, the law has not been applied properly. This article aims to examine HRV committed by a state which caused inability or unwilling to amend polygamy Law. Based on normative research, analysis to Article 2(f) of the Convention applies a viewpoint equality and state responsibility theories. Through this method, international conventions will be opposed to national provisions, Polygamy regulation. It is found that Indonesia through Polygamy regulation performs discrimination against woman’s rights. It can be stated that Marriage Law treats men and women unequal. It concludes that, as a state, Indonesia should responsible for HRV because the main problem of inequality is discrimination rooted from Polygamy regulation.

Item Type: Article
Uncontrolled Keywords: kesetaraan, pelanggaran hak asasi manusia, non-diskriminasi, poligami, tanggung jawab negara
Subjects: K Law > KZ Law of Nations > KZ1249-1252 International law and other disciplines
Depositing User: FH UNSRI Fakultas Hukum Kepegawaian
Date Deposited: 04 Dec 2019 12:39
Last Modified: 04 Dec 2019 12:39
URI: http://repository.unsri.ac.id/id/eprint/19948

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