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All Journal Jurnal Akta Yudisia Jurnal Kajian Pembaruan Hukum National Multidisciplinary Sciences FENOMENA: Journal of Social Science Al'Adalah
Kurniawan, Basuki
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Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Al'Adalah

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BETWEEN ISLAMIC LAW AND HUMAN RIGHTS: AMBIGUOUS REGULATION REGARDING POLYGAMY IN INDONESIA Kurniawan, Basuki; Purwanto, Edi; Tehtae, Sareef
Al'Adalah Vol. 25 No. 2 (2022)
Publisher : UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/aladalah.v25i2.312

Abstract

Indonesia's polygamy regulations, which allow men to practice polygamy and prohibit women from practicing polygamy, have the potential to violate human rights. Suppose the study of the theory of state responsibility, the assertion of gender equality must be supported in all aspects of life, especially in marriage. Indonesia has also ratified CEDAW as a national law that can be used as a guide. Therefore, the ratification of CEDAW has significant implications for Indonesia, which will immediately revise the polygamy requirements in the marriage law to prevent discrimination from continuing. It is because delaying the protection of human rights also means that the state cannot protect and respect women's rights and is considered reckless. Therefore, state delays can be viewed as a violation of human rights.
Co-Authors Anis Ibrahim Aprilia, Cahyani Aris Yuni Pawestri Asir, Asir Edi Purwanto Jati Nugroho Purbosari, Nita Ryan Purwanti, Henny Tehtae, Sareef Ubbadurrohman, Muhamad Syah Ridho