Implementasi Pasal 2 Dan Pasal 5 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Terkait Marital Rape di Indonesia

Abstract

Articles 2 and 5 of CEDAW stipulate the obligation of the state to establish related arrangements for the elimination of all forms of discrimination against women. Indonesia has an obligation to establish regulations and protect victims in cases of marital rape. This is because the Criminal Code does not regulate marital rape. Marital rape is regulated in Law No. 23 of 2004 concerning the Elimination of Domestic Violence, but the law still creates many perceptions. This paper is a juridical study of the implementation of Article 2 and Article 5 of the Convention on The Elimination of All Forms of Discrimination against Women (CEDAW) by the Government of Indonesia in relation to Marital Rape. The research method used is a normative legal research method. The normative legal research method is a legal research method that focuses on library research. Normative legal research focuses on analyzing data such as legislation, legal theory, as well as legal research scientific works.