The Binding Authority of Human Right Law as Guarantee of Legal Protection Toward the Body Integrity of Woman as the Victim of Not-fulfilled Promise to Marry. | [Academic Research International • 2017]

Author(s):

1. Lusiana M Tijow: Faculty of Law, Brawijaya University, & Faculty of Law, State University of Gorontalo. INDONESIA

2. Rachmad Safaat: Faculty of Law, Brawijaya University, & Faculty of Law, State University of Gorontalo. INDONESIA

3. Bambang Sugiri: Faculty of Law, Brawijaya University, & Faculty of Law, State University of Gorontalo. INDONESIA

4. Sudarsono: Faculty of Law, Brawijaya University, & Faculty of Law, State University of Gorontalo. INDONESIA

Abstract:

The Human Right forms series of rights adhering on the principle of human existence as the Only God creature and becomes the God gift that should be honored, upheld, and protected by the country, law, government, and anyone for the honor and protection of human dignity and prestige. The essence of woman body integrity as the victim of not fulfilled promise to marry become unity and completeness of thought, feeling, and human body by self-acceptance as complete individual adhering in her as the collective of physical, psychological, emotional, aspiration characteristics and self-achievement to develop woman self-concept as a whole in order to develop. In line with the above fact, the research formula forms how the tied power of human right law in giving legal protection toward the woman body integrity as the victim of not fulfilled promise to marry. This study refers to normative legal study using qualitative judicial analysis. The study show that the woman body integrity as the victim of not fulfilled promise to marry must get guarantee of legal protection because the woman body forms integral part of humanity substance. The Human Right Existence cannot be separated from the law. Even, almost all the acts of Human Right stated in Declaration of Universal Human Right 1948 (as International Customary Law) become substance of international law, although it still use national law in its implementation. Thus, the Human Right Existence ties all countries and international society to respect, to protect, and to uphold the human right and its implementation, including in Indonesia as member of Declaration of Universal Human Right. Therefore, it believes that the woman body integrity as the victim of not fulfilled promise to marry must get guarantee of legal protection. The reason refers to any legal instrument and mechanism of human right implementation form tool to sustain the Human right.

Page(s): 78-87

DOI: DOI not available

Published: Journal: Academic Research International, Volume: 8, Issue: 1, Year: 2017

Keywords:

Legal protection , body integrity , woman , promise to marry

References:

[1] 1998.the People's Consultative Council (MPR) took an decision having important meaning to the development, honor, and upholding on the Human Right, or by legitimating the Decision of the People's Consultative Council of the Indonesian Republic Number XVII/MPR/1998 on Human Right with appendix covering ―The Indonesian View and Behave toward the Human Right‖ (Appendix Number I) and ―Carter of Human Right‖ (Appendix Number II), -

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