WOMEN IN ADAT LAW (Study of the Position of Women According to Customary Law in the Indonesian Archipelago in Relation to the Community Kinship System)

Idris, Zulherman and Apriani, Desi (2020) WOMEN IN ADAT LAW (Study of the Position of Women According to Customary Law in the Indonesian Archipelago in Relation to the Community Kinship System). Jurnal Melayunesia Law, 4 (1). pp. 1-20. ISSN 2580-7455

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Abstract

The study of women is always interesting. This is because women are human beings from whom new life is born as God's will. However, in the development of law on earth, the position of women is seen to differ depending on the legal system adopted by the community. It is interesting to study in this regard the position of women according to customary law in the archipelago which is influenced by the kinship system of the community. The research method that author use is descriptive normative legal research, using secondary data with qualitative analysis. The results of the study showed that the patrilineal kinship system was born as a form of thought and community life that gave priority to men. This has an effect on the position of women under men in terms of rights, obligations, roles and responsibilities. Vice versa with the matrilineal kinship system affects the privilege of the position of women in the lives of their communities. Meanwhile in a society with a parental kinship system, it affects the equality or balance of position between women and men. But of course development (change / shift) is also something that cannot be denied in the course of the customary law system.

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