Recent polemics on the status of women and children outside registered marriage in Indonesia
Subtitle: Muslim responses towards putusan mahkamah konstitusi no. 462PUU-VIII22010
By: Nabiela Naily
Publisher: Asian Resource Foundation
Published: 2014
Place of publication: Bangkok
Language: eng
Number of pages: 194
ISBN-13: 9786169086574
Subjects: Marriage law; Marriage (Islamic law); Recording and registration; Social conditions
Description: Problem related to children and women outside registered marriages in Indonesia have reached an alarming level. The problems include uncertainty about the legal validity of unregistered marriages ; lack of protection under state law of children born of such marriages or out of wedlock ; and neglect by their biological father. A recent ruling issued by MK (the constitutional court of Indonesia) offers a breakthrough, changing the state's position regarding such children entitling thenm to legal relationship with the father, as a matterof right. This research provides a map of the ensuing debate and the aspirations of relevant people such as religious figures, state officials, judges, and nongovernmental orgainizaitons focusing on gender equality and justice, and protection of child rights. --
Notes: Includes bibliographical references (p. [187]-194).
Table of contents: title: Problematizing views from within "Islam(s)" in Southeast Asia; title: Introduction; title: Family law in Indonesia and the status of children; title: The machica case and the constitutional court ruling; title: The constitutional court ruling from gender and child protection perspectives; title: Opinions of stakeholders on the constitutional court's ruling; title: Concluding remarks.