THE LAW ON THE PROTECTION OF WOMEN AND CHILDREN

Table of Contents

PREFACE v
PROLOGUE vii

CHAPTER I THE BASIC CONCEPT 1
A. The Concept of Protection For Women And Children 1
1. The Concept of Protection 1
2. About Women and Children 4
3. The Concept of Protecting Women and Children 5
B. The Legal Framework for The Protection of Women
and Children in International and Indonesian Law 7
1. Protection of Women and Children in International Law 7
2. Protection of Women and Children in Indonesian Law 16
C. Women’s and Children’s Rights 27
1. Women’s Rights 27
2. Children’s Rights 32
D. Philosophy of Protecting Women’s and Children’s Rights 38
1. Some Essences of Justice 38
2. The “Biological Justice” Metabolism in the Protection
of Women and Children 43
3. Legal Theories Related to Feminism 47
4. Women’s and Children’s Rights in the Perspective
of Islamic Law 50

CHAPTER II LEGAL INSTRUMENT 61
A. Protection For Women Dealing With The Law 61
1. The Idea of Implementing Supreme Court Regulation
Number 3 of 2017 61
2. General Overview of Supreme Court Regulation
Number 3 of 2017 63
3. Protection of Women Dealing with the Law through
the Implementation of Supreme Court Regulation
Number 3 of 2017 65
B. Protection of Children’s Rights Through the Juvenile
Justice System 70
1. The Juvenile Justice System in Indonesia 70
2. A New Era in the Juvenile Justice System 72
3. Objectives of the Juvenile Justice System 74
C. Enforcement of Restorative Justice in Cases Involving
Women and Children 74
1. Concept of Restorative Justice 74
2. Restorative Justice in Cases Involving Children 76
3. Restorative Justice in Cases Involving Women 78
D. Prevention of Child Marriage Through Tightening The
Process of Dispensation of Marriage Permission 81
1. The Condition of Child Marriage in Indonesia 81
2. Factors Influencing the Occurrence of Child Marriage 82
3. Implementation of Supreme Court Regulation Number 5
of 2019 in Granting Marriage Dispensation Permits 88

CHAPTER III GUARANTEE OF LEGAL PROTECTION FOR
WOMEN’S RIGHTS 101
A. Gender Equality in Various Aspects 101
1. The Concept of Gender Equality 101
2. The Principles of Gender Equality 103
3. Women’s Empowerment in the Context of Gender
Equality 106
B. Guaranteeing the Continuity of Life in the Household 108
1. The Relationship Between Women and Their Partners
in the Household Life 109
2. Women’s Rights in the Household 112
3. The Role and Responsibilities of Women in the
Household 117
C. Fulfillment of Women’s Rights After Divorce 119
1. Assurance of Sustenance Following Divorce 119
2. Guarantee to Obtain Joint Property 126
3. Guarantee of the Right to Custody of Children (Hadhanah) 130
D. Guarantee of Women Protection From All Forms of Violence 132
1. Forms of Violence Against Women 132
2. Protection from Domestic Violence 135
3. Protection from Sexual Violence 138

CHAPTER IV LEGAL PROTECTION FOR CHILDREN’S RIGHTS 155
A. Assurance of Children’s Rights Fulfillment 155
1. Fulfillment of Children’s Rights by the Role of the State 156
2. Fulfillment of Children’s Rights through the Role of Family 159
3. Fulfillment of Children’s Rights through Community
Participation 161
B. Guarantee of Child Protection From All Forms of Violence 163
1. Various Forms of Violence Against Children 163
2. Protection from Domestic Violence 166
3. Protection from Bullying 168
4. Protection from Sexual Abuse 171
C. Guarantee of Child Protection In Adoption Case Process 175
1. Legal Regulations Related to Child Adoption 175
2. Legal Consequences of Child Adoption 179
3. Child Adoption as an Effort to Achieve Prosperity 183
4. Issues in Child Adoption 184
D. Guarantee of Protection For Child In The Execution
of Decisions Related To Children 185
1. Procedure and Implementation of Child Custody
Execution 185
2. Issues in Child Custody Execution and Resolution Efforts 187
3. Issues in Child Custody Execution and Resolution Efforts 193
4. Guarantee of Child Protection In Wali Adhal Cases 199

CHAPTER V LEGAL PROTECTION THROUGH INTERCONNECTION
SYSTEMS 209
A. Fulfillment of Women And Children’s Rights Post-Divorce
Through Interconnection Systems 209
1. The Concept of Interconnected Judicial Systems in
Safeguarding Women and Children’s Rights 209
2. The Interconnection Justice Systems: A New Paradigm
for the Enforcement of Women’s and Children’s Rights
Post-Divorce 211
B. Optimizing Child Marriage Prevention Through an
Interconnected System 218
C. Best Practices in Fulfilling The Rights of Women and Children
Post-Divorce in Australia 225
1. Child Maintenance Allowance in Australia 225
2. Involvement of Independent Children’s Lawyers
in Cases Involving Children 234
3. Court Children Service 239
D. Best Practices in Qatar 241
1. Legal Developments in Qatar 241
2. Fulfillment of Children’s Rights in Qatar 243

BIBLIOGRAPHY 253
ABOUT THE AUTHOR 271