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All Journal terAs Law Review: Jurnal Hukum Humaniter dan HAM Amicus Curiae
Louisa, Monique
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Law, Crime, Criminology & Criminal Justice

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KEWAJIBAN UTAMA NEGARA TERHADAP DISKRIMINASI PEREMPUAN SUMBA DALAM HAK MELANGSUNGKAN PERKAWINAN PADA TRADISI PITI RAMBANG: The Primary Obligation of the State Towards the Discrimination Against Sumba Women in the Right to Enter into Marriage in the Tradition of Piti Rambangin Louisa, Monique; Notoprayitno, Maya Indrasti
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/dexkyt13

Abstract

Discrimination against women's rights, especially in the right to marry, still occurs in Indonesia, contradicting existing legal regulations, one of which is the Piti Rambang tradition in Sumba. Women's rights are part of human rights (HAM), and as universal rights based on equality, the recognition and protection of human rights should be fulfilled for all individuals, both men and women. The state clearly plays an important role in this, and therefore, every country has the primary obligation based on human rights. This disparity forms the basis of this research problem, namely how the state’s primary obligation in the right to marry applies to the Piti Rambang tradition. This research uses normative legal research that describes the primary obligations of a state related to discrimination against women in an Indonesian custom, specifically Piti Rambang. This tradition violates the right to marry for Sumbanese women, and the state is obliged to respect, protect, and fulfill human rights. The state is expected to ensure the fulfillment of its obligations and to prevent discrimination from the Piti Rambang tradition.  
DISKRIMINASI KEBIJAKAN PEMERINTAH INDIA TERHADAP KAUM MUSLIM DALAM PERSPEKTIF HUKUM HAK ASASI MANUSIA INTERNASIONAL: DISCRIMINATION OF INDIAN GOVERNMENT POLICY AGAINST MUSLIMS IN THE PERSPECTIVE OF INTERNATIONAL HUMAN RIGHTS LAW Notoprayitno, Maya Indrasti; Louisa, Monique; Salsabilah, Nahdia
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 6 No. 2 (2024): November 2024
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/fxe93p65

Abstract

The increase in religious-based conflicts is the result of the use of religion by officials of the ruling Indian government who want to attract sympathy and support from the Indian population who are Hindu, which is the most widely followed belief in India. Since 2014, the government's policies have been perceived by the Indian and international community to marginalize Indian Muslims, particularly with the Citizenship Amendment Bill (CAA 2019). This paper discusses the racism that arises due to the differentiation in beliefs in Indian citizens. The research conducted in this paper is normative legal research using the library method. The results of the analysis are discussed with reference to the International Covenant on Civil and Political Rights. It can be concluded that the sectarian conflict in India due to the Citizenship Law is a form of discrimination that is contrary to Article 18 of the International Covenant on Civil and Political Rights, so there needs to be a further process in upholding religious rights in India.  
Co-Authors Notoprayitno, Maya Indrasti Salsabilah, Nahdia