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Kedudukan wanita dalam undang-undang peradilan agama di Banjarmasin Indonesia

Masyithah, Umar (2015) Kedudukan wanita dalam undang-undang peradilan agama di Banjarmasin Indonesia. PhD. thesis, Universiti Utara Malaysia.

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Abstract

One of the functions of marriage laws is to regulate and improve the protection of the rights and dignity of women. According to the principle of law, the position of women in courts is the same as that of men. However, there is still different treatment in the trial process at Sharia Court. This study focuses on how Indonesian legal instrument as defined in the formal rules of Law No.7 of 1989 and amended by Law No.3/2006 that Sharia Courts provide protection for women on matters related to court proceedings in family law cases. The study was conducted on the text of legislation and court practice in family law issues in the Sharia Courts in Banjarmasin. The objectives of this study are to review and analyse the provisions for women in the law, the similarities and differences in the treatment of husband and wife in the Syariah Court, to review the arguments and judgments and suggest the reformulation of the existing law. This study adopted library research and case studies. Data were collected through interviews, observation and documentation. The results showed that there was no difference between the position of women and men in the provision of law except to the use of the term only. The results showed that the lack of public understanding regarding the trial processes and procedures Ied to the existence of certain parties who take the opportunity to making profit in the divorce process. The study suggested that the Sharia court to provide of fair service without bias in order to protect the women, poor people and disabled people. Finally, the need for restructuring of the legal procedures related to the family law and to increase the role of mediators including Sulh.

Item Type: Thesis (PhD.)
Uncontrolled Keywords: Right and Dignity of Women, Sulh, Sharia courts, Indonesian, Banjarmasin
Subjects: H Social Sciences > HQ The Family. Marriage. Woman
K Law > K Law (General)
Divisions: Ghazali Shafie Graduate School of Government
Depositing User: Mr. Badrulsaman Hamid
Date Deposited: 26 Jun 2016 09:46
Last Modified: 26 Jun 2016 09:46
URI: http://etd.uum.edu.my/id/eprint/5696

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