Assessing the Compliance of Indonesian Marriage Laws with CEDAW Principles

This study aims to assess the extent to which marriage law in Indonesia accommodates the principles of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). CEDAW, which Indonesia ratified in 1984, sets out various principles to ensure gender equality in all aspects of life, including marriage and family. However, the implementation of these principles in Indonesian marriage law still faces various challenges. Using a normative legal analysis approach, this study evaluates existing marriage regulations in Indonesia, including Law Number 1 of 1974 concerning Marriage. It examines whether these regulations comply with the provisions of CEDAW. This study also analyzes the gap between the principles of CEDAW and legal practices applied in Indonesia, taking into account cultural, social, and political factors that influence the implementation of these principles. The results of the study indicate that although there has been some progress in the equality of marriage rights, there are still inconsistencies in several aspects, such as restrictions on the age of marriage and women's rights in family decisions. Therefore, this study recommends a revision of several legal provisions in Indonesia to be more in line with the principles of CEDAW, to improve the protection of women's rights in the context of marriage.

Publication Details

Journal
SHILAP Revista de lepidopterología
Published
2024-12-01
DOI
https://doi.org/10.31538/iijse.v7i3.5028
Citations
1
Primary Topic
Proteins in Food Systems
Type
article
Field-Weighted Citation Impact
0.35
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article

Assessing the Compliance of Indonesian Marriage Laws with CEDAW Principles

1 citations
SHILAP Revista de lepidopterología
Proteins in Food Systems
0.35
article

Assessing the Compliance of Indonesian Marriage Laws with CEDAW Principles

article en
1 citations

Abstract

This study aims to assess the extent to which marriage law in Indonesia accommodates the principles of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). CEDAW, which Indonesia ratified in 1984, sets out various principles to ensure gender equality in all aspects of life, including marriage and family. However, the implementation of these principles in Indonesian marriage law still faces various challenges. Using a normative legal analysis approach, this study evaluates existing marriage regulations in Indonesia, including Law Number 1 of 1974 concerning Marriage. It examines whether these regulations comply with the provisions of CEDAW. This study also analyzes the gap between the principles of CEDAW and legal practices applied in Indonesia, taking into account cultural, social, and political factors that influence the implementation of these principles. The results of the study indicate that although there has been some progress in the equality of marriage rights, there are still inconsistencies in several aspects, such as restrictions on the age of marriage and women's rights in family decisions. Therefore, this study recommends a revision of several legal provisions in Indonesia to be more in line with the principles of CEDAW, to improve the protection of women's rights in the context of marriage.

SHILAP Revista de lepidopterología
Gender equality
Openalex Percentile: Top 32%
Proteins in Food Systems
0.35
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