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Harjoko Simbolon
Military Law College, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice

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Legal analysis of the provisions prohibiting marriage between female soldiers and male soldiers of lower rank in gender equality Harjoko Simbolon
Annals of Justice and Humanity Vol. 3 No. 2 (2024): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v3i2.2871

Abstract

Purpose: This study analyzes the provisions prohibiting marriage for female soldiers with male soldiers of lower rank in the context of gender equality and human rights. Research methodology: The regulation is contained in Perpang No. 50 of 2014 and several other technical instructions in the TNI environment, a comparison with flexible Polri regulations that prioritize the principle of justice without discrimination. Results: Through a normative legal approach, this study found that this prohibition is contrary to various national and international legal instruments, such as the 1945 Constitution, Compilation of Islamic Law, Law Number 1 of 1974 concerning Marriage, Law Number 39 of 1999 concerning Human Rights, UDHR, ICCPR and CEDAW. The prohibition not only creates injustice but also affects the morale and welfare of soldiers.
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