Abstract
Based on the National Commission for the Protection of the Rights of Women and Children of Indonesia’s annual report, in 2020 there were 11,105 cases of domestic violence reported. Those domestic violence cases were caused by complex factors. One of the causes is the limitation of religious freedom in the family. In Indonesia, between 2010 and 2019, there were several cases of domestic violence caused by women choosing different religions from their parents or husband. Domestic violence involving limitation of the rights of religious freedom is sometimes resolved by divorcing or by completing it with coercive efforts. The rights of religious freedom in Indonesia, although protected by the Constitution and by the Act of Protection of Human Rights No. 39 of 1999, still face various challenges in implementation. The choice of religion in some families is highly influenced and determined by the authority in the family. This article analyzes the secondary data from online news, verdicts, and statistics from the Supreme Court Directory between 2010 and 2019. Findings are analyzed using the perspective of gender studies and anthropology of law.
Highlights
The Universal Declaration of Human Rights (UDHR) contains the recognition statement in Article 18 as follows: “Everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship, and observance”
Based on the results of online news searches and court decisions, it is found that the position of women in the family is still influenced by patriarchal values
In the cases faced by F, D, M, N, and R, because they are all women, the possibility of making decisions becomes more challenging because of cultural construction issues, especially if the cultural construction is still strongly influenced by patriarchal values
Summary
The freedom to have religion is part of a person’s rights as a human being. This right is inherent from the time the human is born. The Universal Declaration of Human Rights (UDHR) contains the recognition statement in Article 18 as follows:. The Universal Declaration of Human Rights article states that a person’s rights include freedom of thought, conscience, and to have a religion or practice it, and to change his or her religion or belief. The UDHR recognizes a person’s right to change one’s faith in his or her spiritual journey
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