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All Journal Diponegoro Law Review Jurnal Hukum dan Peradilan
Erlies Septiana Nurbani
School of Law, University of New England
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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PARTICIPATION OF WOMEN IN SHAPING INTERNATIONAL LAW: A MANISFESTATION OF WOMEN CIVIL AND POLITICAL RIGHTS Zunnuraeni Zunnuraeni; Erlies Septiana Nurbani; Aisyah Wardatul Jannah
Diponegoro Law Review Vol 8, No 2 (2023): Diponegoro Law Review October 2023
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.8.2.2023.209-225

Abstract

This article discusses about the participation of women in the creation of international human rights law through international conventions and court decisions. It evaluates whether existing international instruments effectively ensure equality between men and women in civil and political rights. This is a qualitative research with historical and conceptual approaches. This research reveals that woman involvement remains limited due to gender bias and male-dominated norms. This male dominance has resulted in human rights rules that provide formal equality but fail to significantly impact the substantive fulfillment of women's civil and political rights. This needs transformation towards gender-responsive international law, emphasizing the need for reformulation and reinterpretation of international norms, greater inclusion of women as state delegates in the law-making process, and achieving gender parity in international courts. This transformation is essential for ensuring that international law genuinely reflects and addresses the social and economic conditions of women, moving beyond mere formal equality to substantive equality. It is in need a more inclusive and effective approach to international law that truly embodies gender equality in civil and political rights.
Aspects Of Justice Of Marriage Dispensation And Best Interests For Children Imran Imran; Amran Suadi; Muh. Risnain; Erlies Septiana Nurbani
Jurnal Hukum dan Peradilan Vol 13, No 1 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.1.2024.63-88

Abstract

Marriage dispensation is an application for a marriage permit made by the parents or family of a prospective husband or wife who is not yet 19 years old to enter into a marriage at the Religious Court. This paper briefly describes the justice of marriage dispensation and the children's best interests. The main topics discussed in this paper are the marriage laws and marriage dispensations according to the Law, the best interests of the child explained according to the Law, and to compromise between marriage dispensation and the child's best interests. The method used in this research is normative research by examining legal norms in legislation and decisions of the Constitutional Court. The content of this paper reveals that despite being deemed as contradictory to the Law as per the ruling of the Constitutional Court No. 22/PUU-XV/2017 dated 13 December 2018, which sets the minimum age for marriage according to Article 7 paragraph (1), child marriages facilitated by marriage dispensations persist in Indonesia. Furthermore, not every petition for marriage dispensation receives approval from the judicial panel. The decision on dispensation requests hinges on a thorough evaluation of the merits of the application and the potential impact on the child's future well-being, prioritizing the child's best interests.
Co-Authors Aisyah Wardatul Jannah Imran Imran Muh. Risnain Suadi, Amran Zunnuraeni Zunnuraeni