PERLINDUNGAN HUKUM KELUARGA ISLAM DI INDONSIA TERHADAP KORBAN KEKERASAN SEKSUAL

Abstract

Sexual violence is a type of crime that greatly affects the victim. In general, sexual violence occurs within the family. Islamic family law in Indonesia has special rules, but it is not enough to provide a solution for victims. This phenomenological study aims to prove the protection of Islamic family law in Indonesia and to find forms of protection for victims of sexual violence. This study uses qualitative methods, collects library data and analyzes it analytically descriptively. This study proves the protection of Islamic family law in Indonesia against victims of domestic sexual violence. The forms of legal protection are preventive and repressive. Preventively, article 80 number (2) of the KHI stipulates that the husband is obliged to protect, fulfill the needs of his wife and the provisions for ta'lik talak as the best way and anticipate if the husband commits violence in the future, including acts of sexual violence. In a repressive manner, the wife has the right to sue her husband for divorce (Article 19 letter d of Law Number 1 of 1974 and Article 116 letter d of the KHI) for reasons of nusyuz. This study concludes that although the KHI and the Law do not explain the law of a nusyuz husband, the norms of Islamic family law explicitly stipulate that women's rights to protect themselves from sexual violence are not only limited to personal authority but have become the authority of religious and state law (in this case the court) at a time.