MARITAL RAPE SEBAGAI KEKERASAN MENURUT UNDANG-UNDANG NO. 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA DAN HUKUM ISLAM

Abstract

The patriarchal culture, which considers men to be more dominant in all matters, is still firmly embedded in people's lives in Indonesia. Even though Indonesia legally opposes this patriarchal culture by establishing laws and regulations that prohibit discrimination, including in terms of gender, this still exists. This patriarchal culture is one of the strongest reasons for domestic violence. Rape in marriage, or what is known as marital rape, is a form of violence in which one of the parties is forced to engage in sexual activity against his will. This research was conducted using a normative method with the aim of increasing understanding and public awareness that marital rape is a form of violence. The result is that society still normalizes this because it is considered a problem in the private sphere, which is appropriate according to religion. In fact, Islamic teachings, which are often used as shields, also prohibit this action because Islam always teaches a balance between husband and wife in marriage and is also threatened with punishment in Law No. 23 of 2004 concerning the Elimination of Domestic Violence.