Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Pembaharuan Hukum
Jefry Tarantang
Universitas Islam Negeri Palangka Raya
Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Gender Inequality in Indonesian Marriage Law And the Islamic Legal Framework: Normative Challenges and Directions for Reform Jefry Tarantang; Hera Nugrahayu; Ibnu Elmi A.S. Pelu
Jurnal Pembaharuan Hukum Vol 13, No 2 (2026): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v13i2.49913

Abstract

Amid global efforts to advance gender equality and human rights, marriage law in Indonesia continues to face challenges regarding power relations between husbands and wives. Indonesia’s plural legal system, combining state law and Islamic law, creates normative complexities that often legitimize gender inequality in marriage. This study critically examines provisions in the Indonesian Marriage Law and The Indonesian Codified Islamic Law (KHI) that may perpetuate discrimination against women, while addressing the difficulties of aligning national marriage law with international human rights standards. By applying a normative legal research method that integrates statutory and contextual analysis, this study utilizes legislation, court rulings, legal doctrines, and up-to-date scholarly literature as its primary sources.Findings show that legal norms frequently subordinate women, particularly in marital rights, divorce procedures, and family resource management, revealing a gap between formal law and substantive justice. The article argues that marriage law reform must move beyond symbolic changes to reconstruct norms grounded in gender equality, human rights, and family justice, contributing to debates on equitable legal frameworks in plural legal systems.
Co-Authors Hera Nugrahayu Ibnu Elmi AS Pelu