The Legal Protection for Breach of the Marriage Promise for Women

DOI

10.2991/assehr.k.211014.044How to use a DOI?

Keywords

Protection, Marriage, Women

Abstract

Cases of men breaching their promise to marry women following extra marital pregnancies often occur in Indonesian society and can be detrimental for women and children. However, the majority of cases cannot be prosecuted under the current legal arrangement. This paper aims to first analyze the legal arrangements for Breach of the Marriage Promise and second analyze the legal protection for women victimized by breach of the marriage promise from the perspective of Pancasila justice. This paper found that: first, the substance of the legal arrangements regarding breach of the marriage promise does not accommodate marital promises that have yet been announced to the public, causing such cases unable to be processed through both civil and criminal law. Second, Pancasila justice without discrimination respects human dignity. The 1945 Constitution is a concrete reflection of the values embedded in Pancasila justice. When portrayed using the 1945 Constitution and Law Number 7 of 1984 concerning the Elimination of Discrimination Against Women.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Juliana S. Ndolu
AU  - Adi Sulistiyono
AU  - Mohammad Jamin
PY  - 2021
DA  - 2021/10/16
TI  - The Legal Protection for Breach of the Marriage Promise for Women
BT  - Proceedings of the International Conference on Environmental and Energy Policy (ICEEP 2021)
PB  - Atlantis Press
SP  - 205
EP  - 210
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211014.044
DO  - 10.2991/assehr.k.211014.044
ID  - Ndolu2021
ER  -