M. G. Endang, Sumiarni (2003) Analisis Jender Dalam Ilmu Hukum Untuk Mengkritiki Hukum Perkawinan Indonesia. Disertasi thesis, Universitas Airlangga.

Text (DISERTATION) 34. M. G. Endang Sumiarni 099913684D.pdf Download (15MB)

Abstract

My thesis is about Gender for a Jurisprudence approach to critizise statute 1974 number I, marriage law, which have a patriarchal character and the develop concepts and standarts marriage law which has gender justice, and creating the formulation of marriage law which has gender justice. This is a normative research, carried out by doing abstraction found out through deductive process from the norms of poSitive laws in forms of systimatization and synchronization of marriage law vertically as wen as horizontally. The approach used is gender approach toward marriage law. It is focused on norms of marriage law, especially the difference of the rigbts and obligation of bus band and wife. The other disciplines such as sociological jurisprudence, sociology of law, legal politics, and antropology of law will give more explanation about marriage law. Law materials used are normS of statute laws, adat law, religion laws on marriage, and documents of 100 divorce sentences in 10 religious and state courts in Yogyakarta Special Province, books and opinion of the scolars. Marriage viewed from its meaning and aims, its requirements and legality, rights and duties of husband and wife, marital agrrement, either found in statute laws or religious laws, adat law and divorce sentences seems to be patriarchal The husband and wife do not have the same rights and roles, this is harmful especially for wives who have roles in private fields and do not work in public domain. The difference in gender occurs because of the existence of relationship between men and nature in patriarchal language, tbe concepts of nature and nurture, the difference in sex and gender, familiarism idiology, and the implementation of functional structural theory in family. Values of these concepts are adopted in marriage law, into legal positivism with patriarchal language, the state has interest and controles women. The formulation of language perspective and policy of-epistimology point of view is not neutral transformatively, therefore the statute is neither neutral nor obyective, but patriarchal, The theoritical and ideological bases for substantive equality, in sociological jurisprudence can be used to develop legal concepts and legal standart associated with gender, to create marriage law having gender justice by giving equality based on subsantive equality for husband and wife

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