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Zul Khaidir Kadir

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article examines honor killing in North Africa as a form of gender-based violence rooted in family honor, patriarchal control, and social change that has not yet produced a stable new order. The research employs normative legal methods through statutory, case, and comparative criminal law approaches across three representative jurisdictions, namely Egypt, Morocco, and Tunisia. The primary legal materials include criminal provisions on homicide, adultery, mitigating excuses, and the protection of women, with particular attention to Article 237 of the Egyptian Penal Code, Articles 418 and 491 of the Moroccan Penal Code, the repeal history of Article 207 of the Tunisian Penal Code, Article 236 of the Tunisian Penal Code, and Law No. 58 of 2017 on Eliminating Violence Against Women. The findings show that honor in this region operates as a social mechanism for regulating women’s bodies, sexuality, mobility, and life choices, reinforced by community pressure, reputational stigma, and family-based moral legitimacy. Social transition does not remove this logic; instead, it reshapes conflict and diversifies forms of control, ranging from threats, confinement, coercion, and the criminalization of sexual morality to homicide itself. On the legal plane, Egypt and Morocco still retain norms that soften criminal responses in certain situations linked to adultery, whereas Tunisia has moved in a more progressive direction by abolishing explicit mitigation and strengthening protection for women, even though the regulation of sexual morality has not been fully abandoned.

Nurhaidah Siregar; Uswatun Hasanah

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of the dual role of wives is a complex social reality amidst the patriarchal culture that is still deeply rooted in Indonesian society. In this social system, women often bear the double burden of domestic responsibilities as well as public roles, which often gives rise to gender inequality, role conflict, and psychological stress. This article aims to analyze the dual role of wives in a patriarchal culture using a gender perspective and maqasid sharia as an analytical framework. The research method used is a literature study with a qualitative-descriptive approach to various relevant literature. The results of the study indicate that patriarchal culture tends to limit access and recognition of women's roles, thus contradicting the principle of gender justice. Meanwhile, maqasid sharia emphasizes the values ​​of balance, justice, and benefit in husband-wife relations. The principles of hifz ad-din, hifz an-nafs, hifz al-aql, hifz an-nasl, and hifz al-mal provide theological legitimacy for women's social and economic roles as long as they are carried out within the framework of justice, shared responsibility, and family harmony.  

Adalia Samaira Nanrimansyah; Iman Ahmad Gymnastiar

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Gender inequality in terms of safety in public spaces is a crucial issue in Indonesia. This research background is driven by the high rate of violence against women, reaching 330,079 cases in 2024, and reinforced by a patriarchal culture that perpetuates gender hierarchy. This study uses a qualitative method with a literature study approach to analyze the root causes and impacts of gender inequality on women's sense of security in public spaces. The results indicate that the disparity manifests in various dimensions, such as women-unfriendly urban infrastructure (e.g., inadequate lighting), security threats in urban areas, and the high rate of gender-based violence where 80.1% of the victims are women. The discussion reveals that this inequality impacts not only physical safety but also psychological well-being, economic security, and access to public spaces. This research concludes that a multidimensional approach encompassing infrastructure improvement, strengthening legal protection, changing social norms, and economic empowerment is required to create an inclusive, equitable, and safe public environment for all genders.