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All Journal Asian Journal of Law and Humanity
Umam, Misbahul Fuadil
Unknown Affiliation
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Rejection of Criminal Sanctions on Perpetrators of Domestic Rape (Gender Activist Perspective) Rahmawati, Rita; Umam, Misbahul Fuadil
Asian Journal of Law and Humanity Vol 4 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v4i2.1

Abstract

This study aims to analyze the views of gender activists on the MUI Fatwa Number 02/MUNAS-IX/MUI/2015 on the rejection of criminal sanctions for perpetrators of domestic rape and to find out the legal arguments of the informants related to this fatwa . Domestic sexual violence is an important issue and is often ignored in society. This study uses a field research method with an interactive qualitative approach using primary data sources obtained by interview techniques with informants, namely activists of the UIN KH Abdurrahman Wahid Pekalongan gerder, and secondary data in the form of literature from research books obtained by documentation techniques. The data was analyzed using interactive model qualitative data analysis techniques.The results of the study concluded that gender activists' views vary regarding the fatwa. Several activists have different views on this fatwa. However, all of them reject the fatwa on sexual coercion in the household as not sexual violence because it is considered not to support protection for victims and strengthens patriarchal norms. Arguments from gender activists refer to the Domestic Violence Law which categorizes domestic rape as sexual violence . This study suggests that the fatwa be reviewed and accompanied by case studies to increase public understanding and acceptance and provide appropriate legal solutions for perpetrators of domestic rape.
Argumentasi Hukum Aktivis Gender terhadap Penolakan Sanksi Pidana Pelaku Pemerkosaan dalam Rumah Tangga pada Fatwa MUI 2015 Umam, Misbahul Fuadil
Asian Journal of Law and Humanity Vol 5 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v5i1.6

Abstract

This research aims to analyze the views of gender activists regarding MUI Fatwa Number 02/MUNAS-IX/MUI/2015 concerning the rejection of criminal sanctions for perpetrators of domestic rape and to find out the legal arguments from the sources regarding this fatwa. Domestic sexual violence is an important and often overlooked issue in society. This research uses field research methods with an interactive qualitative approach using primary data sources obtained by interview techniques with informants, namely UIN gerder activist K.H Abdurrahman Wahid Pekalongan, and secondary data in the form of research book literature obtained using documentation techniques. The data was analyzed using interactive model qualitative data analysis techniques. The research results concluded that gender activists' views varied regarding the fatwa. Some activists have different views about this fatwa. However, all of them rejected this fatwa on sexual coercion in the household, not sexual violence, because it was deemed not to support the protection of victims and strengthen patriarchal norms. Arguments from gender activists refer to the PKDRT Law which categorizes domestic rape as sexual violence. This research suggests that the fatwa be reviewed and accompanied by case studies to increase public understanding and acceptance and provide appropriate legal solutions for perpetrators of domestic rape.
Co-Authors Rita Rahmawati