Woman Sues to Protect Her Body Integrity: Legal Implications of Jurisprudence Analysis/Court Decisions of Women As Victims of Unfulfilled Promises of Marriage

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Lusiana M. Tijow, Fence M. Wantu

2021 Challenges of Law and Governance in Indonesia in the Disruptive Era II Book chapter Cited by 0 Quartile

Abstract

Women who are victims of unfulfilled marriage promises began victimized when they entered a relationship with an adult man and were not yet bound by marriage as lovers. In such a relationship, promises of marriage to each other are usually given, with the man typically making this promise to the woman. This promise is said face to face using communication tools or handphones with message apps such as WhatsApp. Given this promise, the woman often voluntarily gives her body to intercourse with the man. Then, the man breaks his promise, resulting in a sequence of events in which the woman asked for the man to keep his promise, thus resulting in violence by the man regardless of whether or not the woman was pregnant, and ultimately the woman became the victim. The sequence covered the personal experience involving physical and psychological images of the woman constructing her self-conception as a woman, thus indicating that this unfair phenomenon continues in any form and may result in violence against the woman regardless of whether or not she is pregnant. Moreover, the effect was both felt in both the long- and short-term by the woman in terms of suffering in physical, psychic, sexual, social, and economic forms. This study analyzes the legal implications and the jurisprudential analysis of court decision on the integrity of a woman as a victim given unfulfilled promises of marriage. This normative legal study uses a qualitative juridical analytical method. © 2021 Nova Science Publishers, Inc.

Affiliations

Faculty of Law, State University of Gorontalo, Gorontalo, Indonesia

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