YUANITA, SYIFAA YUINSA (2022) ANALISIS YURIDIS ALASAN PERCERAIAN DENGAN PENYEBAB TINDAKAN MARITAL RAPE (Studi Putusan Perkara Perdata Nomor 35/Pdt.G/2021/PTA.Smg). Bachelor thesis, UNIVERSITAS MUHAMMADIYAH PURWOKERTO.

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Abstract

Women who are still considered weak and easy to subdue and the understanding that women's bodies are sexual objects only causes women to become vulnerable to violence, especially in terms of sexual violence. The existence of sexual violence in marriage or marital rape causes cracks in domestic life, namely divorce. The purpose of this study is to find out the reasons behind the occurrence of divorce on the grounds of marital rape, as well as to understand the legal consequences of marital rape on the dissolution of marriage (divorce) in Decision Number 35/Pdt.G/2021/PTA.Smg. The research method used is normative juridical research using a law approach that is sourced from secondary data. The results of the first study were several things behind marital rape as the reason for divorce, namely the lack of communication, economic factors, and the wife's refusal due to the treatment of her husband during sexual intercourse. The patriarchal culture that is still inherent in society also raises the idea that women have a lower position than men. The results of the second study, namely the legal consequences that use marital rape as a reason for divorce can be seen in Article 116 letter (f) of the Compilation of Islamic Law, Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, as well as points d and also f in Article 19 of the Government Regulation of the Republic of Indonesia Number 9 of 1975 concerning the Implementation of Law Number 1 of 1974 concerning Marriage, if one party commits cruelty or serious abuse that endangers the other party, namely marital rape and continuous disputes occur. and quarrels and there is no hope of living in harmony again in the household, then a divorce suit can be filed

Dosen Pembimbing: WARDANI, SUSILO | unspecified
Item Type: Thesis (Bachelor)
Uncontrolled Keywords: Woman, Rape, Marriage, Divorce, Marital Rape
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Ilmu Hukum S1
Depositing User: wulan
Date Deposited: 02 Aug 2022 04:20
Last Modified: 02 Aug 2022 04:20
URI: http://repository.ump.ac.id/id/eprint/13235

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