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All Journal I’tiqadiah: Jurnal Hukum dan Ilmu-ilmu Kesyariahan
Parlindungan Simanungkalit
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Religion Humanities Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences

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AKSIBILITAS PEREMPUAN DISABILITAS MENURUT UU. NO. 1 TAHUN 1974 TENTANG PERKAWINAN: DARI SUDUT PABDANG CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD Parlindungan Simanungkalit
I’tiqadiah: Jurnal Hukum dan Ilmu-ilmu Kesyariahan Vol. 1 No. 1 (2024): Februari : I’tiqadiah
Publisher : Yayasan Baitul Hikmah al-Zain

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63424/itiqadiah.v1i1.20

Abstract

This paper examines injustice, discrimination and violations of the human rights of women with disabilities. Implementation and application of Article 4 paragraph 2 (point b and point c) of the Law. No. 1 of 1974 concerning Marriage is one of the factors. In addition, this discrimination is caused by several factors, including the fact that law enforcement in Indonesia is still dominated by a positivistic-legalistic paradigm and way of thinking. The law enforcement process is carried out in such a way from the perspective of legal regulations alone. As a result, written legal provisions (laws and regulations) have become the main benchmark in law. As a result, the law enforcement process becomes arid, dry from morality. The purpose of this article is to find out the rights of women with disabilities in law. No. 1 of 1974 concerning Marriage with the perspective of the Convention on The Rights of Persons with Disabilities (CRPD).
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