Implementation of women's legal protectionIn religious courts in indonesia

10.2478/bjlp-2023-0000042

Abstract

The implementation of legal protection for women within Religious Courts is discussed in this paper. As members of a vulnerable group, women frequently face barriers to accessing the law and justice. As a result, the Supreme Court of the Republic of Indonesia took the initiative to take concrete steps by issuing a Regulation of the Supreme Court of the Republic of Indonesia (PERMA) Number 3 of 2017 concerning Guidelines for Trying Cases Involving Women Against the Law. This PERMA serves as a model for all courts under the Supreme Court, to ensure that women's groups have equal access to the law and justice. This type of qualitative literary research employs a literature approach to examine and comprehend documents or other literature relating to legal protection for women, particularly those directly relating to policies issued by the Religion Chamber. According to the findings of this study, the implementation of legal protection for women in Religious Courts can be seen in the policies issued by the Directorate General of Religious Courts (DITJEN BADILAG MA) in collaboration with the Religious Chamber, both on judicial and non-judicial techniques. Regarding non-judicial techniques, the DITJEN BADILAG MA has given several policies to the Religious Courts/Syari'yyah Courts through circulars or decrees to optimize services that assist justice seekers, particularly vulnerable groups, in obtaining justice quickly and affordably. Regarding judicial techniques, the Religious Chamber has held plenary sessions to develop various policies and legal regulations protecting women's rights following divorce.