Oct 2026· Ranah Research· Vol 8, pp. 2580-2591· 0 citations
Abstract
The reform of Indonesia's Criminal Code, Health Law, and its implementing regulation has been presented as progress for women's reproductive rights, yet it remains unclear whether the new framework actually meets international human rights standards. Existing studies tend to examine criminal, health, or ethical aspects in isolation, leaving a research gap concerning the combined assessment of Indonesia's abortion norms through both human rights law and feminist legal theory. This study aims to measure the gap between Indonesia's abortion norms and international reproductive rights standards and to explain why that gap persists. It employs normative legal research with statutory and conceptual approaches, analysing primary legal materials, treaty body interpretations, and scholarly literature prescriptively. The results show that the norms recognise reproductive rights only partially and symbolically, while neglecting them substantively, procedurally, and in implementation, and that they fail the legality, necessity, and proportionality tests for restricting rights. The novelty of this study lies in a three-layer reading of gender subordination, namely the construction of the legal subject, the distribution of decision-making authority, and the recognition of legitimate knowledge, which shows that the gap is structural and requires a shift from criminalisation to a health-service paradigm.
Indonesia has ratified every major instrument on women's reproductive rights, yet its reformed abortion norms still fall short of them. Human rights analysis shows this non-compliance but cannot explain why it persists, and existing feminist readings focus on single provisions, leaving a research gap: no study traces h...
Indonesia's 2023 reforms widened the exceptions to its abortion prohibition, yet procedural requirements still block access, and reform debates swing between wholesale adoption and outright rejection of foreign models. The research gap is the absence of a systematic comparison of several jurisdictions with different le...
The high rates of domestic violence and gender inequality in Indonesia indicate that the family has not yet fulfilled its role as a protective environment to the full, whilst also revealing a gap between the normative principles of Islamic family law and empirical reality. This study aims to analyze the role of Islamic...
Yoga Adhitya Fredy Firmansyah, A. Nugraha, Rusdiana Khoirunnisa· Southeast Asian Journal of I...· 0 citations
Interfaith marriage remains a complex issue within Indonesia’s legal system, particularly because its regulation lies at the intersection of state law, religious norms, and the protection of constitutional rights. This study examines the regulation of interfaith marriage from the perspectives of Indonesian positive law...
F. M. Iqbal, Rira Nuradhawati· Wajah Hukum· 0 citations
Marriage dispensation in Indonesia allows individuals below the minimum age to marry through court authorization, creating tension between addressing urgent circumstances and preventing child marriage legalization. This research analyzes marriage dispensation's position in Indonesia's legal system and evaluates its ali...
Communal life is a fundamental component of human existence, particularly within the family. Divorce, however, raises concerns regarding children's rights, particularly the obligation to provide child support to meet essential needs, including food, education, medical care, and balanced development. In practice, enforc...
Muhammad Zaky Alfathan, Uswatun Hasanah· Verdict: Journal of Law Scie...· 0 citations
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