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VOL. 8, ISSUE 1 (2022)
Reflections on Indonesian legal thought: Discourse on woman protection based on transcendental feminism
Authors
Teguh Musa Wiguna, Kelik Wardiono
Abstract
The legal construction of the Criminal Code on rape and gender is an interesting topic to discuss because it does not provide justice for women despite the law, such as the Criminal Code, which is considered less protective. Using descriptive approach and theoretical comparison of feminism and Islamic law (transcendental), the authors discuss this theme objectively. The results of the discussion show that, first, the Criminal Code has not provided protection because its views are based on liberalism (women's freedom to determine their destiny) with a different interpretation. Second, the difference between the values of feminism in Islam and liberal and radical secular views lies in the spirit to compare masculinity and femininity, which tends to be selfish. This is in contrast to Islam which emphasizes harmonious relations and friendship.
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Pages:151-156
How to cite this article:
Teguh Musa Wiguna, Kelik Wardiono "Reflections on Indonesian legal thought: Discourse on woman protection based on transcendental feminism ". International Journal of Law, Vol 8, Issue 1, 2022, Pages 151-156
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