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All Journal Musawa : Jurnal Studi Gender dan Islam Jurnal Penelitian Ilmiah INTAJ MAQASHID : Jurnal Hukum Islam
Saeroni
Universitas Nahdlatul Ulama Yogyakarta
Religion Arts Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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KEKERASAN TERHADAP PEREMPUAN DALAM RELASI PERNIKAHAN SIRRI Saeroni, Saeroni; Andari, Indiah Wahyu
Musawa Jurnal Studi Gender dan Islam Vol. 12 No. 1 (2013)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2013.121.137-155

Abstract

This paper discusses the dynamics of violence against women in informal marital  relations based on the experience and institutional data of RifkaAnnisa Yogyakarta. This paper will discuss the characteristics of victims and perpetrators in informal marriages, the dynamics of violence experienced by victims and the factors behind informal marriages. This research will affirm that all women who are victims of violence in informal and polygamous marriages experience physical, sexual, economic and emotional violence. The myth that second wives or young wives are pampered compared to first wives is disproved here. Even though it may happen occasionally, they are still at risk of economic violence. The most common form of economic violence are in the forms of abandonment or forcing their wives to work. Informal marriage and polygamous marriages continue to happen due to several conducive factors, among them: the low legal awareness of victims and lack of legal sanctions for perpetrators of informal marriages, the view that religion opens the possibility for informal marriages, the social paradigm which strengthens the superiority of men over women, family support and society’s permissiveness to informal marriages and the ongoing violence against women.
PERLINDUNGAN HUKUM BAGI ISTRI KORBAN KEKERASAN DALAM RUMAH TANGGA PADA PUTUSAN PERCERAIAN MAHKAMAH AGUNG Saeroni
Jurnal Penelitian Ilmiah INTAJ Vol. 4 No. 1 (2020): Jump
Publisher : LP3M IAI Al-Qolam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/intaj.v4i1.380

Abstract

This study aims to know and analys the legal protection for wife as survivor of domestic violence (DV) in the divorce verdicts of Supreme Court within Religious Court jurisdiction on the perspective Supreme Court Chairmen Decree Number KMA/032/SK/IV/2006 on The Application of 2nd Book: The Guidelines for the Task Implementation and Administration of Religious Court and the feminist legal theory. It is juridical normative research that reviews the legal norms, regulations and verdicts of the Supreme Court on the cases of divorce for reasons of domestic violence (DV) within the Religious Courts jurisdiction in 2011 to 2013. The analysis is conducted qualitatively by synchronizing between the material and the legal norms which are being studied with the legal norms in KMA/032/SK/IV/2006 and the legal theories based on the ideas of feminist legal theory. The results of this research shows that the legal protection for wife as survivor of DV in the divorce virdicts of Supreme Court have not been in line with the Supreme Court Chairmen Decree No. KMA/032/SK/IV/2006 on TheApplication of 2nd Book: The Guidelines for the Task Implementation and Administration of Religion Court. There are no one of the Supreme Court virdicts has considered DVA to decide divorce casescaused by domestic violence and no one has used the ex-officio authority of judge to decide nafkah iddahin contested divorce cases because of domestic violence. According to the feminist legal theory the divorce verdicts of Supreme Court have not given enough legal protection for wife as survivor of domestic violence. That is because of the verdicts of Supreme Court have not complied feeling justice of wife as survivor of domestic violence to get nafkah iddah and mut’ah on the contested divorce cases.
POLICY BRIEF Konseling Perubahan Perilaku bagi Pelaku Kekerasan dalam Rumah Tangga dalam Sistem Peradilan Pidana Saeroni; Triantono
MAQASHID Jurnal Hukum Islam Vol. 4 No. 1 (2021): Mei 2021
Publisher : Fakultas Syariah - IAI Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (356.463 KB) | DOI: 10.35897/maqashid.v4i1.616

Abstract

This policy brief was prepared based on the results of research conducted on “Pyco-legal Aspects in Taking Action against Perpetrators of Domestic Violence in DI. Yogyakarta." This research is intended to answer, "the extent to which the opportunities for applying psycho-legal aspects through additional criminal mechanisms of behavior change counseling for perpetrators of domestic violence in the criminal justice system." based on experience in the Special Region of Yogyakarta. This research is a normative-empirical legal research type with a focus on seeing the extent of behavioral change counseling opportunities for perpetrators of domestic violence in the criminal justice system. Data collection was carried out by means of a literature review, and analysis of 65 Decisions on Domestic Violence Cases in District Courts throughout DIY in 2005-2019. Data collection was also carried out through focus group discussions (Focus Group Discussion) with legal assistants, psychological assistants, service agencies, the Police, the Prosecutor's Office, District Courts, Ministry of Law and Human Rights, legal practitioners, as well as in-depth interviews (in-depth interviews), with male counselors, and male perpetrators of domestic violence, as well as experts.
Co-Authors Indiah Wahyu Andari, Indiah Wahyu Triantono