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All Journal Jurnal Ilmiah Mahasiswa Bidang Hukum Keperdataan Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Rayyan Fakhri
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Protection Of Women As The Victim Of Economic Abuse Under International Human Rights Law In Indonesia Rayyan Fakhri; Azhari Yahya
Jurnal Ilmiah Mahasiswa Bidang Hukum Keperdataan Vol 3, No 4: November 2019
Publisher : Fakultas Hukum Universitas Syiah Kuala

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Abstract

ndonesia is included as a state which already ratified the Convention on the Elimination of Discrimination Against Women (CEDAW) 1979. Those matters oblige Indonesian governments to give full protection to women regarding to crimes of violence. However, it also includes protection to the victim of economic abuse in family scope. The annual report of Women Commission show that economic abuse on family scope is always happen in every year. Article 9 of Law No 23 of 2004 on the Elimination of Domestic violence regulated economic abuse as a form of domestic violence. The aim of this research is to describe the protections of economic rights for women covered by International Human Rights Law in Indonesia and to describe the responsibility of Indonesian government to protect women as the victim of economic abuse.This research is conducted under normative method. The data used in this research comes from primary sources such as statutes, Law, decision, or regulation and secondary sources, which includes legal textbook, papers and journals. Both sources then combined with tertiary sources, such as dictionary. Indonesian stipulated the equality and nondiscrimination on women’s economic rights under the 1945 Constitution, Law No. 39 of 1999 on Human Rights, the Law No.13 of 2003 on Labor and Law No. 1 of 1974 on Marriage. In term of avoiding economic abuse in family scope Indonesian government also established the Law No. 23 of 2004 on the Elimination on Domestic Violence. The article found that one of the biggest problems is the need of women’s victim protection when they made the report on the economic abuse cases. Domestic Violence Law has been provided the protection and recovery towards the victim of economic abuse. Furthermore, Indonesia Government has also established National Commission on Violence against Women to help the women’s victim acquire their rights. In the provincial/district level, Integrated Services Center for Women and Children was established in each area. Local and provincial efforts are the key solution on the enforcement issue. The government whether national, provincial, and regional has to socialize the economic abuse and women’s economic rights to make sure that they are aware on their rights. The evaluation towards the implementation of law No. 23 of 2004 on the Elimination of Domestic Violence is needed to know how the efficiency of this law.
Kedudukan Akta Hibah Tanah yang Melebihi Batas Maksimal bagi Penerima Hibah Beragama Islam Rayyan Fakhri; Ilyas Ismail; Zainal Abidin
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 3 No. 2 (2026): April : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v3i2.1641

Abstract

Article 210 of the Compilation of Islamic Law (KHI) limits gifts to a maximum of one-third of the donor’s assets as a form of protection for the rights of heirs and to uphold social justice. However, in practice, land gift deeds drawn up by PPATs/PPATSs are still found to exceed this limit, thereby giving rise to controversy and legal disputes in the form of lawsuits seeking the annulment of such deeds in court. This phenomenon indicates a disconnect between legal principles and practical implementation, leading to legal uncertainty. This study aims to analyze the legal status of land gift deeds that exceed the maximum limit, legal protection for bona fide donees, and the responsibility of PPATs in their drafting. The research method employed is a normative legal approach using legislative, conceptual, and case-based analyses, along with primary, secondary, and tertiary legal sources analyzed qualitatively. The results indicate that a land grant deed exceeding the maximum limit retains limited legal validity, specifically only for the portions compliant with the provisions of the KHI. Legal protection for the grantee can be guaranteed if there is consent from all heirs. Furthermore, the PPAT bears civil, criminal, administrative, and ethical responsibilities regarding the deed drafted. Therefore, strengthening regulations, enhancing public legal literacy, and ensuring the PPAT’s due diligence are necessary to guarantee legal certainty and reduce disputes.
Co-Authors Azhari Yahya Ilyas Ismail Zainal Abidin